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2024 Supreme(Del) 378

AMIT MAHAJAN
Satish Kumar – Appellant
Versus
State – Respondent


Advocates appeared:
Mr. Aditya Aggarwal, Mr. Manas Agarwal & Mr. Mohd. Yasir, Advocates, for the Petitioner in CRL.REV.P. 727/2023.
Mr. Vikram Hegde, Advocate, for the Petitioner in CRL.REV.P. 739/2023.
Mr. Utkarsh, APP for the State.

JUDGMENT

1. The petitioners, Teeka Ram (petitioner in CRL.REV.P. 739/2023) and Satish (petitioner in CRL.REV.P. 727/2023) have filed the present petitions under Section 397 read with Section 401 of the Code of Criminal Procedure, 1973 (`CrPC') challenging the orders dated 07.06.2022 and 23.03.2023 passed by the learned Additional Sessions Judge, Special Judge, NDPS, Patiala House Courts, New Delhi in SC No. 468/2022 captioned State v. Firoz Alam & Ors..

2. The learned ASJ by the orders dated 07.06.2022 and 23.03.2023 had dismissed the application for default bail of the petitioners filed under Section 167(2) of the CrPC read with Section 36A of the Narcotics Drugs and Substances Act, 1985 (hereafter `NDPS Act').

3. Briefly stated, the facts relevant for adjudication of the present petitions are as under:

3.1. The petitioners are in judicial custody in case arising out of FIR No. 67/2022 dated 01.04.2022, registered at Police Station Special Cell for offences punishable under Sections 21/29 of the NDPS Act.

3.2. It is alleged that the petitioners have indulged in transportation of contraband alleged to be "smack". As per the complaint filed by the State, it is alleged that the accused/pe

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