Rajendra Kumar Nayak vs State of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 6070

RAJNISH BHATNAGAR
Rajendra Kumar Nayak – Appellant
Versus
State of NCT of Delhi – Respondent

Advocates appeared:
Mr. Sharukh Ejaz, Ms. Disha Bajaj and Ms. Harnek Kaur, Advocates, for the Petitioner.
Mr. Amit Ahlawat, APP for the State with SI Monu Chauhan, PS Crime Branch.

JUDGMENT

Rajnish Bhatnagar, J.

1. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case FIR No. 270/2022 under Sections 20/25/29 of NDPS Act registered at Police Station Crime Branch.

2. In brief the facts of the case are that secret information was received that three persons, namely, Noor Mohmmad, Ujjwal and Laxmi were coming to Delhi from Andhra Pradesh in Innova Car bearing No. AP-35-H-3939, carrying Ganja. On the basis of the said information, the car was apprehended and all the three persons disclosed their identities as Noor Mohmmad, Ujjwal and Laxmi. On searching the car, 5 plastic bags were recovered which were marked as A, B, C, D & E and weighed 10 Kg, 8 Kg 200 gms, 22Kg, 22Kg and 10 Kg, respectively and the total recovery from the car is 72 Kg 200 gms of ganja. During investigation, house of co-accused Azad@ Rakal was searched and 22kg 600 gms of ganja was recovered. In this regard, case FIR No. 270/2022, dated 20/11/2022 under sections 20/25/29 NDPS Act was registered at PS-Crime Branch and all the three accused were arrested. In the disclosure statement of the accused, it came out that the car in which they were travelling was

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