BAIL APPLN.84/2022

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IN THE HIGH COURT OF DELHI AT NEW DELHI

Order reserved on: 13.09.2022

Order delivered on: 28.09.2022

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BAIL APPLN. 84/2022

MOHD AKHTAR @ RAJA

..... Petitioner

Through:

Mr. Vikas Gautam, Advocate.

versus

STATE OF NCT OF DELHI

..... Respondent

Through:

Mr.Aman Usman, APP for State.

CORAM:

HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA

O R D E R

ANOOP KUMAR MENDIRATTA, J.

1.

An application has been preferred on behalf of the petitioner under

Section 439 Cr.PC for grant of regular bail in FIR No.63/2015 under

Sections 18/21/25/29 of the NDPS Act, 1985.

2.

In brief, as per the case of the prosecution, during monitoring of

interception of mobile numbers, suspectedly used by drug peddlers, it was

revealed that members of drug syndicate are in touch with each other and

indulge in drug trafficking in Delhi, Punjab, J & K and Rajasthan. Further,

on receiving secret information on 18.11.2015, a trap was laid at Burari

crossing where Durgesh @ Mangal handed over a packet containing 1 kg

white coloured heroin to Harjinder Singh. Both of them were apprehended

and 1 kg heroin was recovered from the scooty of Durgesh @ Mangal at the

spot. The Verna car used by Harjinder and the scooty used by Durgesh @

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004011

BAIL APPLN.84/2022

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Mangal were seized at the spot. Also, many mobile numbers and sim cards

including 8558054298, which was under interception were seized. Further,

accused Durgesh @ Mandal disclosed that he along with Mohd. Akhtar @

Raja (petitioner herein), a resident of Jafrabad, Delhi used to supply narcotic

drugs to various drug suppliers in Delhi and Punjab. He also disclosed that

Mohd. Akhtar @ Raja used to get supply from one Sehzad as well as from a

Nigerian national in Vikaspuri. He also disclosed that Mohd. Akhtar @ Raja

had kept huge quantity of heroin, opium and alprazolam at his rented house

in Laxmi Nagar, Delhi. Accordingly, on the house search of Durgesh @

Mangal at 1/184, Laxmi Nagar, 2 kgs of opium and 1kg alprazolam were

recovered at the instance of Durgesh @ Mangal. During investigation, Ubah

Casmir Amobi, a Nigerian national was arrested on 19.11.2015 from Vikas

Puri at the instance of Durgesh @ Mangal and 300 gms of heroin was

recovered. Further, on disclosure of Durgesh @ Mangal, Ashwani @ Abu

Bakr was arrested on 20.11.2015 near Seelampur, Delhi wherein he came to

receive a consignment of heroin from Mohd. Akhtar @ Raja. One swift car

along with 3 mobile handsets and many sim cards were recovered from

Ashwani @ Abu Bakr. Also 500 gms of heroin was recovered from the

house of Ashwani @ Abu Bakr at Punjab.

During investigation, Mohd. Akhtar @ Raja was arrested from Darya

Ganj on 25.11.2015. On 27.11.2015, after taking police remand, 525 gms of

heroin was recovered from his newly purchased flat at Seelampur, Delhi.

Further, on disclosure of Mohd. Akhtar @ Raja, accused Shabir Ahmed Bhat

@ Sehjad was arrested on 29.11.2015 in his Eco Sports car in New Friends

Colony and 1.8 kgs of heroin was recovered on search of his car. Also, on

This is a digitally signed Judgement.

NEUTRAL CITATION NO: 2022/DHC/004011

BAIL APPLN.84/2022

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01.12.2015, Ezeh Chinedu Joseph and his associate Ugo Geoffery Franklin

were arrested in Zeta car in New Friends Colony and 1 kg of heroin was

recovered from their possession. One Imamudin was also arrested on

03.12.2015 from Jungpura Extension and 400 gms of heroin was recovered

from him.

3.

Thus, as per investigation complete chain of 9 drug suppliers was

established with the arrest of aforesaid persons. Charge-sheet was

accordingly filed and charge is stated to have been framed against the

accused.

4.

Learned counsel for the petitioner submits that the petitioner has been

falsely implicated in the p