MONIKA vs STATE GOVT.OF NCT OF DELHI

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Pronounced on: 27th January, 2025 + BAIL APPLN. 4720/2024 MONIKA ..... Petitioner Through: Mr. Arvind Kumar, Mr. Mritunjay Kumar Singh, Mr. Abhay Kumar Mishra, Mr. Ankit Kumar Vats & Mr. Subit Singh, Advocates. versus STATE GOVT.OF NCT OF DELHI ..... Respondent Through: Ms. Meenakshi Dahiya, APP for State. S.I. Bijender Singh & HC Lokender Kumar, Anti Narcotics Cell, Dwarka, Delhi. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA JUDGMENT NEENA BANSAL KRISHNA, J. 1. The present Bail Petition under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 („B.N.S.S.‟ hereinafter) read with Section 439 of the Code of Criminal Procedure, 1973 („Cr.P.C.‟ hereinafter) has been filed on behalf of the Petitioner seeking Regular Bail in FIR No. 112/2023 under Sections 8/21/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ( “NDPS Act, 1985” hereinafter) registered at Police Station Dwarka North, Delhi. Signature Not Verified Digitally Signed BAIL APPLN. 4720/2024 Page 1 of 12 By:VIKAS ARORA Signing Date:28.01.2025 18:48:06 2. The Applicant states that the case of the State is that based on a secret information received on 07.02.2023, the prime accused Ruby was arrested who in her Disclosure Statement, gave the name of the Petitioner as also a person who sells drugs from her residence. Pursuant thereto, the accused Monica was arrested near House No. RZ-99, Shiva Enclave, Vikash Nagar, Uttam Nagar on 09.02.2023 and the alleged recovery of 265 gms. Heroine was effected from her. 3. The grounds for seeking bail are that insofar as offence under Section 29 of the NDPS Act, 1985 for abetment and/or criminal conspiracy is concerned, no material has been spelled out in the Chargesheet. The Prosecution has merely made up some sto