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2023 Supreme(Del) 5728

AMIT SHARMA
Aabid Khan – Appellant
Versus
State Govt. of NCT of Delhi – Respondent


Advocates appeared:
Mr. Aditya Aggarwal, Advocate, for the Appellant; Mr. Aman Usman, APP, SI Hanspreet Singh, ANTF, Crime Branch, for the Respondent.

JUDGMENT

Amit Sharma, J. - The present application under Section 439 of the Code of Criminal Procedure, 1973 ('CrPC') read with Section 36A(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') seeks regular bail in FIR No. 220/2021 under Sections 21/29 of the NDPS Act registered at PS Crime Branch.

2. The facts of the present case are as under:

    i. On 11.11.2021, a team of police personnel was constituted to develop information on supply of drugs and persons involved. On the said date, at about 08:45 PM, when the police team was stationed near Bella Monde Farm House, Rang Puri, located at NH-8, a secret informer met with ASI Om Prakash and informed him that at about 10:00 PM to 10:30 PM, one person namely Aabid Khan (the applicant) who is involved in supply of heroin in Delhi would come near the Rajokri Flyover and if a raid is conducted he can be apprehended with a huge quantity of heroin.

    ii. Acting on the said information, a raid was conducted and at 10:10 PM, a person wearing a blue colour t-shirt and light blue colour jeans was seen coming on foot carrying a yellow colour cloth carry bag. The said person was identified by the secret informer as the applicant.

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