KAN DAMIAN KOUASSI vs STATE OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on:12th February, 2025 + BAIL APPLN. 4614/2024 KAN DAMIAN KOUASSI ..... Petitioner S/o Kouassi, R/o Akoupe S/D PAF Côte d'Ivoire, Ivory Coast Through: Mr. Akhilesh Kumar Meena & Ms. Tanya Choudhary, Advocates. versus STATE OF NCT OF DELHI ..... Respondent Through: Ms. Meenakshi Dahiya, APP for State. S.I. Naveen & HC Lokender Kumar, PS Anti-Narcotics Cell, Dwarka, Delhi. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. The Bail Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as „BNSS‟) has been filed on behalf of the Petitioner seeking Regular Bail in FIR No. 0005/2023 under Sections 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act, 1985”) registered at Police Station Mohan Garden, South West, Delhi. Signature Not Verified Digitally Signed BAIL APPLN. 4614/2024 Page 1 of 9 By:VIKAS ARORA Signing Date:12.02.2025 17:20:56 2. The facts in brief are that on 03.01.2023, on a secret information was received through Mukhbir by the Complainant in Anti-Narcotics Cell, Dwarka, the Petitioner was arrested from his house and 57 gms of Amphetamine Drug was recovered from the white coloured polythene tied in knot, which he was allegedly carrying in his hand. The recovery contraband was sealed in a Pulanda and seized. The FIR was registered accordingly. 3. It is asserted that during the investigations, the Disclosure Statement of the Petitioner was recorded on 04.01.2023, wherein he had allegedly disclosed that he used to procure the illegal contraband from one CJ R/o Chander Vihar, Delhi. Thereafter, the Police Custody Remand of the Petitioner was taken for three days. 4. On 05.01.2023, the