RAKESH KUMAR vs STATE

Judgment text excerpt

$~3 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27.01.2025 + BAIL APPLN. 1078/2024 RAKESH KUMAR .....Petitioner Through: Mr. Rudro Chatterjee, Mr. MD Tanvir, Mr. Shariq Nisar, Mr. Yashovardhan Oza, Advs. versus STATE .....Respondent Through: Mr. Yudhvir Singh Chauhan, APP CORAM: HON'BLE MR. JUSTICE JASMEET SINGH : JASMEET SINGH, J (ORAL) 1. This is a petition filed under section 439 of Code of Criminal Procedure, 1973 seeking grant of regular bail to the petitioner in FIR No. 24/2021, dated 21.02.2021 registered at PS Crime Branch under section 18 of the NDPS Act. The chargesheet has been filed under sections 18/29 of NDPS Act. 2. In the present case, the petitioner has been in custody since 21.02.2021. 3. Briefly stating the facts are that a secret information was received at ISC, Crime Branch, Chankyapuri, Delhi that one person namely, Mr. Rakesh (petitioner), is indulging in the supply of opium in different parts of Delhi, would reach Dhaula Kuan, Delhi and deliver a consignment of opium to one of his associates and if a raid is conducted, he may be apprehended with a Digitally Signed BAIL APPLN. 1078/2024 Page 1 of 8 By:MAYANK Signing Date:30.01.2025 10:29:37 huge quantity of opium. Based upon the said information, a raid was conducted and two persons i.e. Mr. Suraj Devashi @ Suja Ram (co-accused) and the petitioner were apprehended while exchanging the consignment of opium in a bag. 4. Thereafter, the petitioner and his bag was searched in the presence of Mr. S K Gulia, ACP/AHTU. The bag contained 7 plastic packets and a brown coloured substance was recovered. The recovered substance was checked with the Field testing kit and it was found to be opium weighing 7 kgs in total. All 7 plastic packets were seized through seizure memo and the FIR was regi