Neutral Citation Number: 2023/DHC/000768

BAIL APPLN. 647/2022

Page 1 of 13

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 19^th January, 2023

Pronounced on: 03^rd February, 2023

+

BAIL APPLN. 647/2022

ASIF ALI

..... Petitioner

Through: Mr. Sunil Mehta, Mr. Kundan Kumar,

Mr. Roopam Rai, Mr. A.K. Khan,

Advocates

versus

STATE OF NCT OF DELHI

..... Respondents

Through:

Mr. Utkarsh, APP for State with

SI Dharmender, P.S. Special Cell,

Rohini

CORAM:

HON'BLE MR. JUSTICE AMIT SHARMA

JUDGMENT

AMIT SHARMA J.

1.

The present application under Section 439 of the Code of Criminal

Procedure, 1973 („CrPC‟) has been filed on behalf of the applicant seeking

regular bail in case FIR No. 47/2015 dated 20.07.2015, registered at P.S.

Special Cell, for offences under sections 21and 29 of the Narcotics Drugs and

Psychotropic Substances Act, 1985 („NDPS Act‟), pending before the Court of

Sh. Ajay Kumar Jain, learned Additional Sessions Judge/Special Judge (NDPS),

New Delhi District, Patiala House Court, Delhi.

2.

Briefly stated, the prosecution case relevant for adjudication of the

present application is as under:

Digitally Signed

By:ANITA BAITAL

Signing Date:03.02.2023

15:51:14

Signature Not Verified

Neutral Citation Number: 2023/DHC/000768

BAIL APPLN. 647/2022

Page 2 of 13

i.

Few mobile numbers, including 8743961588, 9899235750, 8527579437,

8860520507 and 8130524778, were under interception by the Special

Cell of Delhi Police. During monitoring of the interception, it was

discovered that few persons, who were later identified as Ashok, Subhash

Jaiswal, Asif Ali (present applicant), etc., were allegedly involved in

illegal procurement and supply of drugs, including heroin, from Bareilley,

Uttar Pradesh, to various parts of Delhi.

ii.

During monitoring of the aforesaid interception, it was found that on

16.07.2015, an alleged supplier of heroin had delivered a consignment of

the said substance to one Ashok and Asif Ali, the present applicant, near

Madhuban Chowk, Delhi. Subsequently, their Cell IDs were also found to

be in the said area. Thereafter, based on a secret information received on

20.07.2015, a raid was conducted by a team of Special Cell of the Delhi

Police near Madhuban Chowk, where Ashok met with one Subhash

Jaiswal, who handed over a white colour polythene bag to the former.

Both of them were apprehended by the police and were informed that

they have been apprehended on the basis of information regarding their

involvement in supply of heroin.

iii.

Both Ashok and Subhash Jaiswal were searched. A white color polythene

bag was recovered from the right hand of Ashok. The said bag was

containing a pink coloured powder, which upon being tested with a field

testing kit was found to be heroin. The said bag weighed 500 grams, out

of which 2 samples of 5 grams each were drawn. The remaining contents

of the bag were sealed in a separate parcel. No incriminating substances

were recovered from the personal search of Subhash Jaiswal. Upon a

search of his scooty, two transparent polythene packets were recovered

from the bunk of his scooty with one of them containing a pink coloured

powder and the other containing a matiala colored powder. Both the said

powders were tested with a field-testing kit. The former tested positive

Digitally Signed

By:ANITA BAITAL

Signing Date:03.02.2023

15:51:14

Signature Not Verified

Neutral Citation Number: 2023/DHC/000768

BAIL APPLN. 647/2022

Page 3 of 13

for heroin and the latter tested negative for heroin. Upon enquiry,

Subhash Jaiswal revealed that the matiala coloured powder is a chemical

which is mixed with heroin, however, he was unaware of its exact name.

Both the said packets weighed 500 grams each, out of which 2 samples of

5 grams each were drawn. The remaining contents of the bag were sealed

in a separate parcel.

iv.

It is further alleged that upon interrogatio