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2023 Supreme(Del) 3773

SAURABH BANERJEE
Surender Kumar – Appellant
Versus
Central Bureau of Narcotics (Cbn) – Respondent


Advocates appeared:
Mr. Aditya Aggarwal and Mr. Naveen Panwar, Advocates, for the Applicant.
Mr. Satish Aggarwala, Senior Standing Counsel and Mr. Gagan Vaswani, Advocates, for the Respondent.

JUDGMENT

1. The applicant vide the present application under Section 439 of the Code of Criminal Procedure, 1973 seeks regular bail in File No. P&I/Del/Seizure/02/2019 registered under Section (s) 8/21/22/28/29/30 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] at Central Bureau of Narcotics [CBN].

2. As per the complaint, a secret information was received by Sh. D.S. Singh, Superintendent (Prev.) Preventive and Intelligence Cell, CBN on 15.10.2019 at 09:30 AM, that a person namely Surender Kumar, proprietor of RND Distributors (the applicant herein) is engaged in the business of purchasing and selling of illegal/NDPS medicines without bill in his shop bearing Shop no.1 LSC, Block-A, Mangolpuri, Delhi. The secret information was thus forwarded to the concerned superior in compliance of Section 42 of the NDPS Act.

3. Resultantly, a preventive team was constituted which left for conducting raid at the applicant's shop. On reaching there at 13:45 PM, the preventive team along with the independent witnesses went to the applicant's shop and informed him about the secret information and that his shop had to be searched.

4. Before search, the accused was made aw

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