MOHAN GUPTA vs STATE GOVT.OF NCT OF DELHI

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 01.04.2025 + BAIL APPLN. 4364/2024 MOHAN GUPTA .....Petitioner Through: Mr. Aditya Aggarwal, Ms. Shivani Sharma, Ms. Pooja Roy and Mr. Yasir, Advs. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for State with SI Amrendra ANTF, Dariyaganj CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J. 1. The present petition has been filed under Section 483 of BNSS 2023 read with Section 36A(3) of the NDPS Act, 1985 seeking regular bail in connection with FIR No.0357/2019 under Sections 21(c)/29 NDPS Act registered with P.S. Crime Branch. 2. The case of the prosecution is that on 25.12.2019, a secret information was received by ASI Ashok Kumar at Narcotics Cell, Crime Branch mentioning therein that a person namely Gopal r/o Nangloi, Prem Nagar, Delhi is indulging in the supply of Heroin in Delhi and he would be coming to supply Heroin to unknown person near Railway Phatak Kirari, Nangloi, Delhi between 2:00 PM to 4:00 PM. A raiding team led by ASI Ashok Kumar was constituted and trap was laid at the place of information. At the Signature Not Verified Digitally Signed By:NARENDRA SINGH BAIL APPLN 4364/2024 Page 1 of 9 ASWAL Signing Date:01.04.2025 16:15:49 instance of secret informer, two persons, namely, Kailash @ Gopal and Mohan Gupta (present petitioner) were apprehended. They were found in possession of a scooty bearing registration no.DL-11SX-7693, which co- accused Kailash @ Gopal was driving. Upon search of scooty, 510 grams of heroin was recovered. 3. Mr. Aditya Aggarwal, the learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody for almost 4 years 6 months and only one witness has been examined out of total fifteen witnesses