OM PRAKASH @ FAUJI vs THE STATE GOVT OF NCT OF DELHI

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment delivered on: 29.01.2025 + BAIL APPLN. 4140/2024 OM PRAKASH @ FAUJI .....Petitioner Through: Mr. Yogesh Verma, Mr. Bhavtosh Sharma, Mr. Prem Narain and Mr. Ramesh Kumar Srivastava, Advocates versus THE STATE GOVT OF NCT OF DELHI .....Respondent Through: Mr. Rahul Tyagi, ASC for the State with Ms. Priya Rai, Mr. Sangeet Sibou, Mr. Amit Rohila and Mr. Aniket Kumar Singh, Advocates with Inspector Jaswinder Singh, P.S. Special Cell. CORAM: HON'BLE MS. JUSTICE SWARANA KANTA SHARMA JUDGMENT SWARANA KANTA SHARMA, J. 1. The present application under Section 439 of the Code of Criminal Procedure, 1973 [hereafter „Cr.P.C.‟] / Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 [hereafter „BNSS‟] has been filed on behalf of the applicants, seeking grant of regular bail in case arising out of FIR No. 67/2023, registered at Police Station Special Cell, Delhi, for offence punishable under Section 18/29 of the Signature Not Verified Digitally Signed BAIL APPLN. 4140/2024 Page 1 of 10 By:AANCHAL TAGGAR Signing Date:29.01.2025 18:49:39 Narcotic Drugs and Psychotropic Substances Act, 1985 [hereafter „NDPS Act‟]. 2. Briefly stated, the facts of the case are that on 13.03.2023, at about 02:00 PM, a secret informer had approached the office of Special Cell and informed Inspector Satvinder that a person named Onkar Singh, engaged in the supply of narcotic drugs, would be arriving in the Sarita Vihar area, Delhi, in a truck bearing registration number RJ-10GB-7417 to deliver a consignment of narcotics. The information was recorded and conveyed to ACP Attar Singh, who had directed appropriate legal action. A DD entry No. 101A dated 13.03.2023 was registered, and a raiding team was constituted. Subsequently, on the same day at about 06