JUDGMENT

VIKAS MAHAJAN, J.

1. This is an application under Section 438 CrPC read with Section 482 CrPC seeking anticipatory bail in FIR No.0077/2023 under Sections

21/25/29 of the NDPS Act registered at PS Crime Branch.

2. The case of the prosecution as borne out from the status report dated

08.07.2023 filed by the State in the present bail application is as under:-

“1. Briefly stated, facts of the case are that on 21.03.2023, ASI Neeraj Rana along with staff had departed for developing information about crime and criminals in the area of Delhi vide GD No.91A, P.S Crime Branch. At about 03.30 p.m., when the Signature Not Verified Digitally Signed BAIL APPLN. 1716/2023 Page 1 of 11 By:NARENDRA SINGH police team reached near Industrial Area, Pump house, Mangolpuri Railway Station, the secret informer met the ASI and informed that at about 04:00 PM to 04:30 P.M, one person namely Surender Singh@ Bhalu r/o J.J. Colony Hastsal, Uttam Nagar, age 48/49 years, who indulges in supply of contraband Heroin in Delhi would be coming at unauthorized parking opposite side of Jiwan Charitable Hospital, R- Block Mangolpuri, Delhi to deliver Heroin to someone & if raid is conducted both of them can be apprehended. The secret information was noted down by the ASI in compliance of Section 42 NDPS Act and the same was communicated to Inspr. Jai Bhagwan, Anti-Narcotics Task Force, Crime Branch through mobile phone, who further passed on the information to Sh. Naresh Kumar, ACP/AGS, Crime Branch. Approval was given by ACP/AGS, Crime Branch to take necessary action and the same was conveyed back by lnsp. to ASI Neeraj Rana. A GD entry vide No. 133 A dated 21.03.2023, PS Crime Branch was made in this regard by Inspr. Jai Bhagwan, in further compliance of Section 42 NDPS Act. ASI Neeraj Rana gave the information to Insp. Jai Bhagwan, ANTF through mobile phone, who further passed the information to Sh. Naresh Kumar, ACP AGS, Crime Branch. Approval was given by ACP/AGS, Crime Branch to take necessary action and Insp Jai Bhagwan lodged this information vide GD No.0135 A in compliance of 42 NDPS Act. Thereafter, Insp. Jai Bhagwan called ASI Neeraj Rana through Mobile phone laid a trap at the place of information. At about 04.15 P.M, after reaching at the place of information, one person was found standing in the parking and he was identified as Surender @ Bhalu by secret informer. He was apprehended by the raiding team and during enquiry, his identity was revealed as Surender @ Bhalu S/o Sh. Mahipal R/o 8-504 JJ Colony, Hastsal, Uttam Nagar, Delhi, age 49 years. ASI Neeraj Rana gave him introduction and that of the raiding team members. He was also informed about the secret information. Then, the apprehended person was informed by ASI that there were chances of recovery of contraband from his personal search but prior to his search, he can take the search of police team as well as vehicle of team, to which he denied. He was Signature Not Verified Digitally Signed BAIL APPLN. 1716/2023 Page 2 of 11 By:NARENDRA SINGH also informed about his legal rights that if he so requires, he can be taken before any nearest Gazetted officer or Magistrate for his personal search and notice u/s 50 NDPS Act was served upon him. He was explained the meaning of Gazetted officer and Magistrate. However, Surender Singh @ Bhalu refused to be searched before any Gazetted officer or Magistrate & wrote his refusal on the notice and signed it in Hindi. Efforts were made by the ASI to rope in public witnesses. However, none joined the police raid.

2. Thereafter, during search of Surender @ Bhalu, one weighty ziplock polythene pouch containing brown color powdery substance was recovered from the right side pocket of his worn pant. The recovered substance was checked with the help of field testing kit and found to be contraband Heroin. Upon weighing, separately, the weight of Heroin and polythene pouch was found 350 gram & 3 gram respectively. Thereafter, recovered heroin was put back in the