Naeem Ahmed (In Jc) vs State Govt. of NCT of Delhi

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(Del) 6061

SWARANA KANTA SHARMA
Naeem Ahmed (In Jc) – Appellant
Versus
State Govt. of NCT of Delhi – Respondent

Advocates appeared:
Mr. Akshay Bhandari and Mr. Anmol Sachdeva, Advocates, for the Petitioner.
Mr. Manoj Pant, APP for the State with SI Mahavir, PS - Daryaganj.

JUDGMENT

Swarana Kanta Sharma, J.

1. The present petition under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed seeking the following prayers:

i. Set aside the impugned order dated 12.09.2023 passed by the learned Special Judge, NDPS, Tis Hazari Courts in FIR No. 152/2022, registered at Police Station Daryaganj, under Sections 21/29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act').

ii. Release the applicant on default bail in the aforesaid FIR.

2. Briefly stated, the facts of the case are that on 25.03.2022, pursuant to a secret information received informing that co-accused Arif can be caught with smack near Mahavir Vatika, a raiding team had been constituted, after following the prescribed procedure. On the same day, at about 10:40 PM, secret informer had identified the co-accused Arif, who was seen coming from NS Marg to Ansari road, Mahavir Vatika, and was carrying a bag on his right shoulder. Thereafter, two persons had come near Arif and had asked him whether he had brought smack for them to sell. Immediately thereafter, the raiding team had surrounded the three persons i.e. co-acc