BAIL APPLN. 994/2022

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$~4

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on : 26.04.2022

Pronounced on: 05.05.2022

+

BAIL APPLN. 994/2022 & CRL.M.A. 5749/2022

MD IRSHAD

..... Petitioner

Through:

Mr. Rahul Sharma, Mr. Prabhash, Ms.

Abhilasha Sehrawat, Mr. Kartik Malhotra, Mr.

Akshat Maheshwari, Mr. Rishabh Sharma, Ms.

Nishtha Khurana, Advocates

versus

STATE NCT OF DELHI

..... Respondent

Through:

Mr. Hirein Sharma, Ld. APP

SI Arvind Kumar, Spl. Staff, East District, Delhi

CORAM:

HON'BLE MR JUSTICE JASMEET SINGH

J U D G M E N T

JASMEET SINGH, J

1.

This Application has been preferred by the applicant under section 438

of the Cr.P.C. seeking grant of anticipatory bail in FIR No. 234/2022

registered at PS Kalyan Puri u/s 21 NDPS Act. The anticipatory bail of

the applicant has been dismissed by the Special Judge, NDPS, East,

Karkardooma Courts, Delhi on 21.02.2022.

2.

The brief facts of the case are as under:

a)

On 30.01.2022, ASI Pramod Singh, posted at Special Staff East

District, received an information that a person, who procures the

contraband „smack‟ from Badaun/Bareilly, Uttar Pradesh and

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001723

BAIL APPLN. 994/2022

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supplies it in parts of Delhi, would come near The Mother Mary

Public School, Ghazipur Road, in the area of PS Kalyan Puri. The

information was shared with other officers who decided to

conduct a raid.

b)

The team laid a trap on Ghazipur Road, near Gate of the Mother

Mary Public School, Kalyan Puri, Delhi and at about 9.10pm a

man a bag on his back emerged on the spot who was pointed out

by the informer, who later identified him as Mohd. Akleem.

Mohd. Akleem was waiting at the gate when he was nabbed by the

staff. On enquiry he stated his name and address as Mohd. Akleem

S/o Shakil Ahmed R/o Vill-Bhasundra. Notice under section 50

Narcotic Drugs Psychotropic Substances Act (hereinafter „NDPS

Act‟) were served to all apprehended persons.

c)

Interrogation was conducted of Mohd. Akleem after his arrest and

he disclosed that he used to supply „smack‟ to Applicant

Irshad@Neta and that the Applicant is the resident of the same

village as Mohd. Akleem. It is on this statement and during the

course of the investigation that a notice u/s 67 NDPS Act was

served to the Applicant, Md. Irshad to join the investigation.

d)

The Special Judge, NDPS, East Karkardooma Courts dismissed

the anticipatory bail application of the Applicant on 21.02.2022

observing the following:

“Keeping in view the fact that the recovery of smack

is attracted. Name of the applicant/accused Mohd. Irshad

has been disclosed by Mohd. Akleem. Investigation of the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001723

BAIL APPLN. 994/2022

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case is pending. Source and supply lines of the recovered

contraband are to be identified.

dismissed.”

3.

The Applicant had filed this application apprehending arrest in a false

case of the complainant filed against the Applicant. He further stated

that he is a person of repute and enjoys an enviable reputation among

the society and has been falsely implicated.

4.

The Ld. Counsel for the Applicant has relied upon the following case

laws for supporting his application:

a)

On the Supreme Court judgment in Crl. Appl. No. 949/2018 dated

31.07.2018, Surinder Kumar Khanna v. Intelligence Officer

Directorate of Revenue Intelligence, wherein the court has

observed the following:

“10. Even if we are to proceed on the premise that such

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001723

BAIL APPLN. 994/2022

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confessional statement of a co-accused cannot by itself be

taken as a substantive piece of evidence against another co-

accused and can at best be used or utilized in order to lend

assurance to the Court. In the absence of any substantive

the ap