BAIL APPLN. 3321/2020Page 1 of 10

(VIA VIDEO-CONFERENCING)

*

IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 06.01.2022

% Pronounced on : 11.02.2022

+

BAIL APPLN. 3321/2020

KULDEEP SHARMA

..... Petitioner

Through:

Mr. Raghav Mahajan, Advocate.

versus

THE STATE GOVT. OF NCT OF DELHI

.... Respondent

Through: Ms. Rajni Gupta, APP for the State

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

ORDER

RAJNISH BHATNAGAR, J.

1.

The present bail application has been filed by the petitioner

under Section 37 of NDPS Act read with Section 439 Cr.P.C. seeking

regular bail in case FIR No. 104/2019 under Section 20/29 of the

NDPS Act registered at P.S. Crime Branch, (Central) Delhi.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000566

BAIL APPLN. 3321/2020Page 2 of 10

2.

Briefly stated, the facts of the case are that on 22.04.2019, SI

Vikrant Singh received an information about two persons namely

Kuldeep Sharma (petitioner herein) & Sonu Pandit, who used to

supply Charas, would come in car No. HP 58 B 5006, to supply Charas

to someone near Majnu Ka Tila, Outer Ring Road, Opposite Water

Works Colony Delhi. The said information was reduced into writing

vide DD No. 15 dated 22.04.2019 and a trap was laid near Majnu Ka

Tila, Outer Ring Road, Opposite Water Works Colony Delhi.

3.

At about 07:10 p.m. two persons namely Moti Lal @ Sonu Pandit

S/o Thori Lal and present petitioner Kuldeep Sharma S/o Gopal

Krishan were apprehended. Notice U/s 50 of the NDPS Act were

served to them separately and their legal rights were explained to them.

After their refusal, they were cursorily searched in the presence of

ACP/STARS-II, Crime Branch and total 1.2 Kg. Charas was recovered

from the possession of petitioner Kuldeep Sharma.

4.

Accordingly, present FIR No. 104/2019 U/s 20/29 NDPS Act

was registered at PS Crime Branch and said accused persons were

interrogated and arrested in the present case and vehicle Gypsy No. HP

58 B 5006 was seized alongwith the documents.

5.

I have heard the Ld. counsel for the petitioner, Ld. APP for the

State, perused the Status Report and the records of this case carefully.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/000566

BAIL APPLN. 3321/2020Page 3 of 10

6.

It is submitted by the Ld. counsel for the petitioner that the

respondent has not followed the due procedure for taking the samples.

He further submitted that as per the prosecution two samples of 25

grams each were taken out which were given Mark “A” and “B” and

the remaining material was put together and was given Mark “C” and it

is not clear as to from which pieces allegedly recovered from the

petitioner the samples were taken. He further submitted that out of two

drawn samples only sample “A” was sent for testing to FSL and the

samples were not withdrawn from each of the pieces recovered and he

further argued that the recovery was not such huge because of which

the entire recovered charas could not be sent to FSL for testing and

there is a clear cut violation of standing order No. 1/89 dated

13.06.1989 issued by the Department of Revenue, Ministry of Finance.

7.

It is further submitted by the Ld. counsel for the petitioner that

the arrest memo prepared by the IO is in contravention of Section 41 B

of the Cr.P.C. as it does not bear any signature of either the relative of

the petitioner or any respectable person of the society. He further

submitted that the procedure prescribed U/s 42 of the NDPS Act has

not been followed and the notice U/s 50 was made after contraband

was alleged to have been recovered from the accused and he was

forced