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IN THE HIGH COURT OF DELHI AT NEW DELHI

Reserved on: 21.05.2021

Pronounced on: 31.05.2021

+

BAIL APPLN. 500/2021

MOHAMMAD AKBAR

......Petitioner

Through:

Mr.Amjad Khan, Advocate

Versus

STATE

......Respondent

Through:

Mr. Amit Chadha, Additional Public

Prosecutor for State

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

JUDGMENT

1.

Petitioner, who is accused in FIR No. 117/2019, registered at Special

Cell, New Delhi for the offences under Sections 21/25/29 of Narcotic Drugs

Act”), is seeking bail by this petition. In the alternative, a prayer is made to

release him on interim bail for 45 days.

2.

The case of the prosecution is that on 17.07.2019, upon receipt of

secret information, a raiding team was constituted and after collecting IO

bag, field testing kit, electronic weighing machine and official brass seal of

"SPL CELL NDR 38", the raiding team headed towards ISBT/Majnu Ka

Tila and when they further received secret information that Deepak with his

associates will assemble at 12:30 PM under Ashram Flyover, they reached

there and tried to join two public witnesses, who refused to join the

proceedings due to their own compulsions.

3.

At around 12:30 PM two cars bearing registration number DL3C BE

1152 & DL3C AA 8369 came at the place of information, whose drivers

came outside and started talking to each other and as the secret informant

gave signal, the raiding party apprehended both the drivers. They disclosed

their entity as Dheeraj @ Deepak and Rais Khan. Both admitted that they

were carrying heroin with them. From the cavity of their cars, contraband of

30 kg. each i.e. total 60 kg. was recovered. Thereafter, the contraband was

seized, samples were drawn, marking were done, rukka was prepared, the

case property was sent to the Special Cell and samples were sent to FSL for

analysis. Both the drivers/accused- Dheeraj @ Deepak and Rais Khan were

arrested. Upon disclosure of accused Dheeraj @ Deepak, a search was

conducted at House No. 483, Gali No. 21 Zakhir Nagar, Okhla, Delhi on

18.07.2019 and from the said house contraband of 60 kg was recovered and

three persons, namely, Vakeel Ahmad @ Rahul, Rhamat Gul Shinwari &

Akhtar Mohamad were apprehended and two pistols were also recovered &

seized from the said house. In addition, recovery of 30 kg. of contraband

was affected from the car of Vakeel Ahmad.

4.

On the disclosure of Rehmat Gul Shinwari, two more persons namely

Mohammad Akbar (present petitioner) and Neda Mohammad were arrested

on 22.7.2019 from JM Cool House Pvt. Ltd, Kondli, Sonepat, Haryana.

Both these persons revealed that they were carrying heroin from

Afghanistan through Atari border, secretly hidden in card board cartons of

dry fruit. This information was conveyed to Sh. Lalit Mohan Negi,

ACP/NDR, for compliance of Section 50 of NDPS Act.

5.

Thereafter, in the presence of ACP Lalit Mohan Negi, in compliance

of Section 50 NDPS Act, accused persons disclosed that contraband is

hidden in cartons bearing special mark of "105",filled with Raisin. At their

instance, two polythene packets were recovered embedded in discreet

manner; between the side layers of the cardboard. On further opening of

these recovered packets, it found containing brown substance, in the form of

paste. Similarly, all the cartons were checked with the help of staff and a

total number of 102 cartons on which "105" were written were found. Each

carton was containing two transparent polythene packets, containing

suspicious contraband. These cartons were segregated from other raisin

boxes and marked. On one-by-one checking of both polythene packets,

present in cartons with the help of field-testing kit, it confirmed as "heroin"

in each polythene packet, as purple colour appeared with reagents 'A-1' and

'A-2'. After that, two samples of 50 gm each were taken out from both

polythene packets and each kept in separate small transparent pla