BAIL APPLN. 1725/2022

Page 1 of 36

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Judgment reserved on: 23.11.2022

Judgment pronounced on: 28.03.2023

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BAIL APPLN. 1725/2022

MOHD. JABIR

..... Petitioner

Through:

Mr. U.A. Khan, Advocate with Mr.

Shahrukh Khan and Mr. Ali Aariz,

Advocates

versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Mr. Y.S. Chauhan, APP for State

CORAM:

HON'BLE MR. JUSTICE JASMEET SINGH

J U D G M E N T

:

JASMEET SINGH, (J)

1.

This is an application seeking regular bail in FIR bearing No.637/2020,

U/s 21/29 NDPS Act, P.S. Bhalswa Dairy, Delhi dated 28.10.2020.

2.

The facts of the case are that on 27.10.2020 at about 07:45 pm,SI

Dilbag Singh at the Narcotic Cell's office in the Outer North District of

Delhi received a secret information stating that one Wasim (co-accused

herein) had previously bought heroin from one Rashid, who was a

resident of Bareilly. He used to bring it to Delhi, and supply it to Mohd.

Jabir (applicant herein), a resident of Bhalswa Dairy.

3.

It was also stated in the secret information that on 27.10.2020, Jabir,

the applicant herein, would come to Bhalswa Chowk in between 9:30

Digitally Signed byAMIT

ARORA

Signing Date:28.03.2023

18:59:00

Signature Not Verified

BAIL APPLN. 1725/2022

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pm to 11:30 pm to take supply of heroin from Wasim and would go to

Bhalswa Dairy after taking the same.Additionally, it was suggested in

the secret information that both of them could be caught in the act if

Nakabandi is done at Bhalswa Chowk.

4.

The secret informer was produced before the Insp. Brij Pal Singh at his

office at 08:00 pm who after satisfying himself, informed

ACP/Operation/OND Sh. Rich Pal about the secret information. Sh

Rich Pal received the same at 08:07 pm and instructed for raid to be

conducted.

5.

It is the case of the prosecution that the secret information was reduced

into writing vide DD no.7 at 08:15 pm and the copy thereof handed

over to Insp. Brij Pal Singh who forwarded the same to

ACP/Operations/OND. Post this a raiding team was constituted by SI

Dilbag Singh consisting of HC Sandeep NO.234/OLD, HC Pawan

No.177/OND, Ct. Vinod No.1945/OND, Ct. Bishadev No.2434/OND

and allegedly the raid was conducted.

6.

At about 09:45 pm, one person was noticed coming on foot from the

side of Outer Ring Road who crossed the bridge and was seen coming

towards Nala Road, Bhalswa Chowk. He was carrying a black coloured

bag on his back. The secret informer identified the said person as

Wasim. Wasim after crossing the bridge, stopped and started waiting

for someone. In the meantime, another person was also noticed coming

from the side of Bhalswa Dairy on the Nala Road, who was identified

by the secret informer as Jabir-applicant herein.

7.

It is further the case of the prosecution that upon meeting with each

other, Wasim took out a packet from inside his black coloured bag and

Digitally Signed byAMIT

ARORA

Signing Date:28.03.2023

18:59:00

Signature Not Verified

BAIL APPLN. 1725/2022

Page 3 of 36

handed it over to Jabir, , the applicant herein. It was at that point of

time, at 09:55 pm, the police apprehended both of them. After

enquiring their name and addresses, police identified one as Wasim S/o

Chhote Khan R/o Village Laxmiyapur, Harvanshpur, PS Bhojipura,

District Barelly, UP aged about 28 years and second as Mohd. Jabir

(the applicant herein) S/o Matloob R/o D-1/764, J/ Colony, Bhalswa

Dairy, Delhi aged about 32 years.

8.

The prosecution further states that notices U/s 50 NDPS Act were

served. Post which their replies were obtained on the body of their

respective

notices

in

their

own

hand

writing.

Thereafter

ACP/Operation/Outer North Distt. was called at spot and in the

presence of ACP/Operation their search was carried out. And 500 gm

of heroin was recovered from each person separately.

9.

Thereafter investigation was carried out and after completion of