BAIL APPLN. 3463/2021 Page 1 of 5

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on :09.03.2022

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Pronounced on: 13.04.2022

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BAIL APPLN. 3463/2021 AND CRL.M.A. 14856/2021

MOHD. AKIL

..... Petitioner

Through:

Mr. Kundan Kumar, Advocate.

Versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Ms. Rajni Gupta, APP for the State

CORAM:

HON'BLE MR. JUSTICE RAJNISH BHATNAGAR

O R D E R

RAJNISH BHATNAGAR, J.

1. This is a petition filed by the petitioner under Section 439 Cr.P.C.

seeking regular bail in case FIR No. 124/2017 under Sections 21/29 NDPS

Act registered at Police Station Crime Branch (West), Delhi.

2. In brief the facts of the case are that on 27/07/2017, SI Vinod Kumar

of Narcotics Cell, Crime Branch received secret information that two

persons namely Nabi Alam @ Abbas and Md. Akil (present petitioner) both

R/o Badaiyun, UP, are engaged in the supply of Heroin in Delhi and they

would be coming at Red Light, Chanakya Place, near transformer, on the

road leading towards Uttam Nagar, Delhi between 02:00 PM to 02:30 PM

for delivery of Heroin. The secret information was conveyed to the Inspector

and ACP/N.Cell, Crime Branch and reduced into writing vide DD No. 12

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001318

BAIL APPLN. 3463/2021 Page 2 of 5

dated 27/07/2017 and complied with the mandates of Section 42 NDPS Act.

Thereafter, a raiding team was constituted and trap was laid near Red Light,

Chankya Place, Uttam Nagar, Delhi. At about 02:30 PM, two persons,

namely Nabi Alam @ Abbas and Md. Akil (present petitioner), were

apprehended at the instance of the secret informer. Notices under Section 50

NDPS Act were duly served upon them and they were made aware about

their legal rights but both the persons refused to avail their legal rights i.e. to

be searched before any Gazetted Officer or Magistrate. Therefore, cursory

search of Nabi Alam @ Abbas was conducted first during which 250 grams

Heroin was recovered from the pant worn by him, while 50 grams Heroin

was recovered from the pant of the present petitioner. The recovered Heroin

was seized after taking out samples as per due process and FIR No. 124/17,

under Section 21/29 NDPS Act was registered at PS Crime Branch and

investigation was entrusted to Inspector RajniKant Sharma, who arrested the

present petitioner and the co-accused.

3. I have heard learned counsel for the petitioner and learned APP for

the State and perused the status report filed on behalf of the State.

4. It is submitted by counsel for petitioner that petitioner is in JC since

27.07.2017. It is further submitted that quantity recovered from the

petitioner is intermediate quantity and not commercial quantity so, the rigors

of Section 37 NDPS Act is not applicable. It is further submitted that the

petitioner was arrested on the disclosure statement of the co-accused and has

been falsely implicated. It is further submitted that petitioner has deep roots

in the society and has family to support. Learned counsel for the petitioner

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001318

BAIL APPLN. 3463/2021 Page 3 of 5

further submitted that as per the allegations in the complaint, the element of

conspiracy with the other co-accused person is missing. He further submits

that chargesheet has been filed and petitioner is no more required for the

investigation purposes. It is also submitted that petitioner is not involved in

any other case except the present FIR.

5. Learned counsel for the petitioner has placed reliance on the

following judgments: