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2024 Supreme(Online)(DEL) 330

HIGH COURT OF DELHI
MR JUSTICE AMIT MAHAJAN, J
MAMTA SAPRA – Appellant
Versus
THE STATE GOVT OF NCT OF DELHI – Respondent


Advocates:
Mr. Sunil Mehta, Adv., Mr. Ajay Vikram Singh, APP for the State, Mr. Surya Prateek Singh, Adv., Mr. Ankur Tuli, Adv.

JUDGEMENT

1.The present petition is filed under Sections 397 /401 read with Section 482 of the Code of Criminal Procedure, 1973 (CrPC), seeking setting aside of the order dated 30.01.2023 (hereafter ‘impugned order’), passed by the learned Additional Sessions Judge (ASJ)/ Special Judge (NDPS), North, Rohini Courts, Delhi in FIR No. 600/2021 dated 16.10.2021, registered at Police Station Shahbad Dairy, for offences under Sections 21/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). By the impugned order, the charges for offences under Sections 21/25/29 of the NDPS Act were framed against the petitioner.

2.Briefly stated, the facts relevant for adjudication of the present petition are as follows:

    i.On 16.10.2021, at about 12:00 p.m., Head Constable Pawan Kumar, Narcotics Cell (OND) received information that one Nitin, who is a resident of Rohini, Delhi, in association with one Kusum and the present petitioner is engaged in sale and supply of heroin and that he would deliver a consignment of heroin near Saint Xavier School, Shahbad Dairy to someone between 03:30 p.m. to 04:00 p.m. ii.On the basis of the said information, after complying with the mandatory provisi

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