MOHD. KASIM KHAN vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Pronounced on: 01.04.2025 + BAIL APPLN. 4290/2024 MOHD. KASIM KHAN .....Petitioner Through: Mr. Hasim Alam, Adv. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for State with SI Naresh Kumar Crime Branch CORAM: HON'BLE MR. JUSTICE VIKAS MAHAJAN JUDGMENT VIKAS MAHAJAN, J 1. The present petition has been filed under Section 483 of BNSS, 2023 seeking regular bail in connection with FIR No. 70/2024 under Section 21/29 NDPS Act registered at PS Crime Branch. 2. The case of the prosecution is that on 01.04.2024 secret informer provided information to SI Rajender Dhaka that two persons namely Mohd. Kasim (petitioner) and his brother Nazim, who are residents of Bareilly, Uttar Pradesh are involved in smuggling of narcotics substances/smack (i.e. heroin) will be coming near Shamshan Ghat, Ghazipur, Delhi on the intervening night of 01/02.04.2024 at around 01:45 A.M. to sell and deliver a huge consignment of heroin (smack). If a raid is conducted they could be arrested with huge quantity of contraband. BAIL APPLN. 4290/2024 Page 1 of 5 Signature Not Verified Digitally Signed By:NARENDRA SINGH ASWAL Signing Date:01.04.2025 14:53:48 3. On the basis of the aforesaid secret information a raiding party was constituted and the petitioner, as well as, his brother Nazim were apprehended. On bodily search of the apprehended persons, nothing was recovered from Nazim. However, 600 gms. of heroin was recovered from the bagpack of the petitioner herein. Accordingly, both the petitioner, as well as, co-accused Nazim were arrested. 4. The learned counsel for the petitioner submits that there is discrepancy in the weight of the sample drawn before the learned Metropolitan Magistrate which are shown to be of 5 gms. eac