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2023 Supreme(Del) 3674

TUSHAR RAO GEDELA
Vishal Singh – Appellant
Versus
State (NCT of Delhi) – Respondent


Advocates appeared:
Mr. Rakesh Khanna, Senior Advocate with Mr. Kaushal Jeet Kait, Mr. Jatin Yadav, Mr. Daksh Gupta and Mr. Parimal Bhatia, Advocates, for the Petitioner. For the Respondent:
Mr. Ajay Vikram Singh, APP, for State with SI Prahlad Singh, PS Special Cell/SWR.

JUDGMENT

Tushar Rao Gedela, J.

[The proceeding has been conducted through Hybrid mode]

1. This is a bail application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `Cr.P.C.') filed by the applicant seeking regular bail in the case titled as "State Vs Sunil Kumar & Ors." arising out of F.I.R. No. 09/2019 dated 16.01.2019 under sections 22/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `NDPS Act') registered with Police Station Special Cell (SB), Delhi.

2. Brief facts of the case as per the prosecution are that on the intervening night of 15-16.01.2019, co-accused persons namely Lokesh Mehta and Sunil Kumar were apprehended and about 5.2 kgs of Psychotropic substance suspected to be Tramadol powder was recovered. Further on their instance, 5.5 lacs 'Alko-1' (Alprazolam Tablets IP l mg) tablets were recovered from a godown, Hari Nagar, Delhi.

3. Thereafter on 17.01.2019, at the instance of co-accused Sunil Kumar and on the basis of secret informer, their associate Satish Sahu r/o Mumbai was arrested after recovery of 5 kgs (approx.) contraband substance suspected to be Tramadol powder. On 20.01.2019, a

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