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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 4429/2021

VINOD RATHORE

..... Petitioner

Through:

Mr. Vikas Padora & Mr. Dipanshu

Chugh, Advocates.

versus

STATE NCT OF DELHI

..... Respondent

Through:

Ms. Neelam Sharma, APP for State

with SI S.B. Sharan, Crime Branch,

Delhi.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

TALWANT SINGH, J.

1. This is an application for regular bail moved by the petitioner, who is

facing trial under Section 20(b)(ii)(c) and 29 of Narcotic Drugs and

Psychotropic Substances Act, 1985 (in short ‘NDPS’) in FIR No. 187/2018,

PS Crime Branch Delhi.

2. The FIR was registered on 21.07.2018 and charge-sheet was filed on

27.09.2018. First supplementary charge-sheet was filed on 22.10.2018.

Charges under Section 29 NDPS were framed against all three accused

persons and charge under Sections u/s 20(b)(ii)(C) of NDPS Act was framed

against the Petitioner; charge u/s 20(b)(ii)(A) of NDPS Act was framed

against Anmol Yadav @ Honey and charge under Section 25 of the NDPS

Act was also framed against the accused Harmeet Singh @ Hunny. The

petitioner is stated to be in J.C. since, 21.07.2018; except for the period of

interim bail on two occasions.

3. The case of the prosecution is that on the basis of secret information SI

Ram Kishan registered DD No. 18 at 5:15 PM on 20.07.2018. A raiding team

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001727

was formed. On the way, IO stopped the car and requested 5-6 persons to

join the investigation but no one agreed; on reaching the spot one Honda Civic

car was found parked bearing registration No. DL2FHV0070, which was

recognised by the secret informer, who also identified the present petitioner

as well as the co-accused Anmol, who was standing near the car. The

petitioner took out a black colour bag from the car and handed over the same

to Anmol, who held the same on his left shoulder at the same time, the present

petitioner also left with another bag holding it in his left hand. Both the

accused persons were apprehended.

3.1

They were informed about their rights and given notice under Section

50 of the NDPS Act; they denied to avail the opportunity to get themselves

searched in the presence of Gazetted Officer/Magistrate and they further

disclosed that they have Charas with them. SI Ram Kishan further requested

5-7 persons present there but they refused to join the investigation. The black

colour bag in possession of the present petitioner was searched, from which

one big packet and one small packet were recovered, having black colour

sticky material, which had a foul smell. On checking the said material, it was

found to be Charas. The total weight was 1100 gms; out of which 4 sample

packets of 25 gms each were prepared and FSL form was filled. All the

packets were taken in the Police custody and marked as Mark 1A, 1B, 1C and

1D. Remaining Charas was sealed in black colour bag and the same was

marked as Mark 1E.

3.2 Thereafter search of accused Anmol @ Honey was conducted and the

small packet was containing black sticky material having foul smell, which

was found to be Charas. The weight was found out to be 100 gms; two

samples were drawn of 25 gms each and similar process was conducted as

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/001727

was done in the case of present petitioner.

3.3

On receipt of Tehrir, FIR No. 187/2018 was registered. The case

property was handed over to Malkhana. Investigation was handed over to

ASI Murlidhar/IO. Special Arrest Report under Section 57 NDPS Act was

prepared and sent to the Crime Branch. Both the accused disclosed that they

had taken delivery of Charas from Harmeet Singh @ Hunny, who was caught

from Seelampur Gol Chakkar on 23.07.2018 at 09:05 AM.

3.4.

The Call Detail Records (CDRs) disclosed that there were several calls

amongst the accused persons; the mobile phones of all the a