$~7 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision:03^rd March, 2025 + BAIL APPLN. 4673/2024 SHAZEB .....Petitioner Through: Mr. Aditya Aggarwal, Mr. Naveen Panwar and Mr. Manas Agarwal, Advocates versus STATE NCT OF DELHI .....Respondent Through: Mr. Laksh Khanna, APP for the State SI Soamya Kulhar, PS ANTF/Crime Branch %

CORAM:

HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA

J U D G M E N T

MANMEET PRITAM SINGH ARORA, J (ORAL)

1. The present application has been filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) read with Section 36 (A)(3) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) seeking grant of regular bail in FIR No. 0222/2021 registered under Sections 20/25 of the NDPS Act at Police Station (P.S.) Crime Branch on

16.11.2021.

Brief Facts

2. As per the case of the prosecution set out in the Status Report, on 15.11.2021 a call was received on the mobile phone of the Constable Anuj Signature Not Verified Digitally Signed BAIL APPLN. 4673/2024 Page 1 of 12 Kumar from one Zakir Hussain, [Zakir Hussain alias Aakir.] resident of Bareilly, UP, driver of a Tata Vehicle, [No. UP-25-DT-2874.]. It is stated that the caller stated that Applicant/Shazeb herein had hired his Tata Vehicle from Bareilly to Balagir, Odisha and has loaded some gunny bags containing goods in the said Tata Vehicle, beneath empty plastic crates, which according to caller/informer was Ganja.

2.1. It is stated that as per the caller they were likely to reach Majnu Ka Tila around 12:30 AM to 1:30 AM of 16.11.2021 climbing down Wazirabad bridge/flyover going towards Burari. It is stated that the said caller disclosed that some persons had gone to Balagir, Odisha along with his Tata Vehicle in their own Car, [Renault Car bearing no. DL-9C-AS/AC-1936.], to bring the goods, which were loaded in the Tata Vehicle. It is stated that those persons were accompanying the Tata Vehicle in the said Car.

2.2. It is stated that after taking necessary approvals as per Section 41 of the NDPS Act the information given by the caller was lodged vide GD No.

0001A dated 16.11.2021.

2.3. It is stated that raiding team was setup and public persons were requested to join, but none of the public persons joined the raiding team. It is stated that after reaching the spot, the Tata Vehicle of the caller was spotted and stopped. It is stated that the Tata Vehicle was being driven by Zakir Hussain (i.e., the caller), the person accompanying the driver was identified as Shahnawaz Khan who was the helper to the driver. It is stated that a third person namely Shazeb Chaudhary (i.e., the Applicant herein) was also identified.

Signature Not Verified

Digitally Signed

BAIL APPLN. 4673/2024 Page 2 of 12

2.4. It is stated that on being asked, Applicant/Shazeb as to what was loaded in the Tata Vehicle, Applicant/Shazeb could not answer the same. It is stated that Section 50 NDPS Act notice was issued to the Applicant/Shazeb, however he refused being searched before any nearest Gazetted Officer or Magistrate. It is stated that on search of Applicant/Shazeb nothing was recovered from him.

2.5. It is stated that during the search of the Tata Vehicle in the presence of the ACP Narcotics Cell, Crime Branch, a total of 300 Kgs of Ganja in 12 white plastic/gunny bags was recovered, hidden beneath the plastic crates. It is stated that both the contraband and the Tata Vehicle was seized vide seizure memo dated 16.11.2021.

2.6. It is stated that in this regards FIR No. 222/2021 under Sections 20/25 of the NDPS Act was registered at PS Crime Branch.

2.7. It is stated that Applicant/Shazeb disclosed that co-accused Sushil, [Sushil alias Sonu.] Akram, [Akram alias Raju.] and Mahesh had gone to Odisha on the instructions of one co- accused Abrar, [Abrar alias Bale.] and had the Ganja loaded in the Tata Vehicle. It is stated that co-accused Sushil was arrested on 18.11.2021. It is stated that the Car used for travelling to Odisha was also seized.

2.8. It is stated that