GULSHAN KUMAR vs STATE OF NCT OF DELHI

Judgment text excerpt

$~51 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of decision: 31.01.2025 + CRL.REV.P.(NDPS) 1/2025 & CRL.M.A. 3019/2025, CRL.M.A. 3020/2025 GULSHAN KUMAR .....Petitioner Through: Mr. Samrat Nigam, Sr. Adv. with Mr. Archit Arora, Advs. versus STATE OF NCT OF DELHI .....Petitioner Through: Mr. Aashneet Singh, APP SI Rohit, PS Crime Branch CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) CRL.M.A. 3018/2025-EX. Allowed subject to all just exceptions. The application stands disposed of. CRL.REV.P.(NDPS) 1/2025 1. This is a petition seeking setting aside of the order on charge dated 13.08.2024 and framing of charge dated 04.09.2024 against the petitioner passed by the learned Court of Special Judge, NDPS, Patiala House Courts, New Delhi. 2. As per the prosecution, on the basis of secret information, on 01.12.2021, the petitioner and Ranjeet Raina were apprehended with the vehicle no. HR78C0917, the petitioner was driver of the vehicle Digitally Signed CRL.REV.P.(NDPS) 1/2025 Page 1 of 10 By:MAYANK Signing Date:07.02.2025 12:22:32 and from possession of co-accused Ranjeet Raina, there is recovery of 9.577 kg of charas, from vehicle of the co-accused Ranjeet Raina one currency counting machine and electronic weighing machine were also recovered. Co-accused Ranjeet Raina used to share 10% of profit in narcotic business with the petitioner. On the disclosure statement of the co-accused Ranjeet Raina, co-accused Sanjay Negi was arrested who use to supply contraband to the co-accused Ranjeet Raina. 3. After completion of investigation, chargesheet was filed against all the aforesaid persons under section 20, 25 and 29 of NDPS Act. 4. Learned Trial Court framed the charges under section 20(b)(ii)(C) read with section 29 of NDPS Act. Hence the present petition. 5