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IN THE HIGH COURT OF DELHI AT NEW DELHI

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BAIL APPLN. 627/2022

PARVEEN

..... Petitioner

Through:

Mr. Sunil Tiwari, Adv.

versus

THE STATE NCT OF DELHI

..... Respondent

Through:

Mr. N.S. Bajwa, APP for State.

CORAM:

HON'BLE MR. JUSTICE TALWANT SINGH

Talwant Singh, J.:

1. This is a first regular bail application of petitioner Parveen in case FIR

No. 197/2020 under Sections 21/29/61/85 NDPS Act of PS Crime Branch.

1.1

She is stated to be in JC since 17.12.2020. It has been further

submitted that FIR was registered on the complaint of complainant namely

SI Arvind Kumar, police station Narcotic Cell/Crime Branch on receipt of

secret information from the secret informer on 17.12.2020 at about 4.00 p.m.

that one person namely Pappu, who is living at Old Delhi Railway Station,

who used to supply the smack in bulk quantity in Delhi and NCR, would

supply the smack in large quantity at Rama Road, Moti Nagar, Delhi at

about 6.00 or 6.30 p.m.. This information was conveyed to SHO Manohar

Singh at 4.15 p.m., and it was further conveyed to the ACP/Narcotics Cell

Sanjeev Kumar at 4.30 p.m. on which ACP/Narcotic had directed to conduct

the raid. A raid party was formed, which left for the spot along with the

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002998

secret informer. Raiding party reached at the spot at 6.30 p.m. 4-5 persons

were asked to join the investigation but they refused to join. One person

was found coming from the side of Pahwa Hyundai Motor Road and he

stood on the footpath opposite to the transformer and he was waiting for

someone there. After 4-5 minutes one lady from the railway line side, who

was carrying a black colour polythene in her right hand, stopped near the

person who was standing near the transformer.

1.2

After talking to each other for some time, the said Pappu gave one

polythene packet to the said lady and the lady handed over a black colour

polythene

to

him

and

when

both

were

leaving,

they

were

apprehended/overpowered by the members of the raiding party. Again 4-5

persons were asked to join the proceedings but they refused to do so. The

name of the apprehended person was revealed as Gulbabu @ Pappu and the

name of the lady was revaled as Parveen.

1.3

ACP Narcotic Cell was briefed. IO briefed Gulbabu @ Pappu about

his legal rights to be searched before any gazetted officer/Magistrate.

Notice under Section 50 of NDPS Act was prepared in this regard. Gulbabu

@ Pappu refused to call any Magistrate and Gazetted Officer on the spot.

Similarly, Parveen was informed about her legal rights and notice under

Section 50 NDPS was prepared and she refused to call any Magistrate or

Gazetted Officer at the spot. ACP arrived at the spot at about 9.30 p.m. and

he made enquiries from both the persons and after satisfying himself, he

directed the IO to carry out the search of both the persons in his presence. A

lady constable conducted the search of the present applicant and there was

recovery of transparent polythene from the right hand of the present

applicant, in which powder of brown colour was kept.

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/002998

1.4

On testing the same, it was found to be heroin and the weight of the

same was found to be of 150 gms. Similarly, search of Gulbabu @ Pappu

was conducted and a polythene was recovered from his hand in which there

were four bundles of Rs. 500/- denomination notes and one bundle of Rs.

100/- denomination notes, the total currency recovered comes to Rs.

2,20,000/- and the same was seized.

1.5

On the basis of the above, the present FIR was registered; charge-

sheet was filed in Court; the interim bail moved by the petitioner was

allowed on the ground that the daughter of the present petitioner was

pregnant and there was nobody to look after her; the accused surrendered

after the expiry of the interim bail and then moved