BAIL APPLN. 3424/2021 Page 1 of 15

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Date of decision: 08^th FEBRUARY, 2022

IN THE MATTER OF:

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BAIL APPLN. 3424/2021

PRIYARANJAN SHARMA

..... Petitioner

Through

Mr. Amit Chaturvedi, Mr. Sumit

Kumar Shukla, Ms. Radha R Tarkar,

Advocates

versus

STATE OF NCT OF DELHI

..... Respondent

Through

Mr. Amit Chadha, APP for the State

with SI Arvind Kumar and SI S.B.

Saran, PS Crime Branch.

CORAM:

HON'BLE MR. JUSTICE SUBRAMONIUM PRASAD

SUBRAMONIUM PRASAD, J.

1.

The present petition is filed under Section 439 Cr.P.C. seeking regular

bail in FIR No.311/2019 dated 16.10.2019 registered at Police Station Crime

Branch, Shakarpur for offences under Section 20, 29 of the NDPS Act.

2.

The facts in brief leading to the present FIR are as follows:-

i.

Information was received at 8:30 AM on 16.10.2019, from a

special informer to SI Arvind Kumar that one Chhering

@Charang R/o Jari, Himachal Pradesh was sending a large

quantity of Charas from Malana and that the substance would

be handed over to one Ranjan at the Bus Stop at Vande

MataramMarg, New Delhi.

ii.

The said information was recorded in writing and was produced

before Inspector Shiv Darshan, along with the secret informer.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000499

BAIL APPLN. 3424/2021 Page 2 of 15

In turn, this was communicated telephonically to ACP Arvind

Kumar, who gave permission to conduct raid and apprehend

persons involved. The said information was recorded by SI

Arvind Kumar vide DD No.5 at 9:00 AM and a raiding team

headed by SI Arvind Kumar consisting of H/C Ramdas, H/C

Lal Bahadur, Constable Kapil Nagar was formed and left for

the site at 9:30 AM in a private car bearing registration No.UP-

16-AK-0244 and driven by Constable Devender. On the way,

the team stopped at ITO and requested 5-6 people to join the

raiding team, but could not get any civilian for proceeding with

the raid.

iii.

After reaching the spot, the police team took their position near

the bus stop and SI Arvind Kumar was in the car alongwith

Constable Devender. At 10:40 AM, one boy with a black

coloured bag in his hand was seen near the bus stand, near the

roundabout of Shankar Road and was identified as Suraj by the

secret informer and within a few minutes, a Skoda car bearing

registration No. HR-26-EA-4171 was seen approaching from

Dhaula Kuan towards the Bus Stand and stopped there. The

occupant of the car signalled the man with the black bag i.e.

Suraj to sit inside the car. After a few moments, the SI and the

team gheraoed the car. SI Arvind Kumar introduced himself

and told them the information regarding possession and sale of

Charas by them. It is stated that the accused were identified as

Suraj S/o Chhering @Charang R/o H.No.127, Ward No.7,

Sishamati Kullu, Himachal Pradesh and the ptitioenr herein,

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000499

BAIL APPLN. 3424/2021 Page 3 of 15

Priyaranjan Sharma S/o Madan Mohan Sharma R/o Extn. Road

No.1, Rajbanshi Nagar, Patna, Bihar. It is stated that the SI

Arvind Kumar intimated them that he had to search them to see

if they possessed illegal contraband and informed them their

right to deny search by the SI Arvind Kumar and be searched in

the presence of a Magistrate or Gazetted Officer. A formal

notice under Section 50 of the NDPS Act was served on the

petitioner and co-accused Suraj intimating to them their legal

rights. It is stated that the petitioner and co-accused refused to

be frisked before a Gazetted Officer. It is stated that the SI

attempted to gather passersby to join the search proceedings,