SANJAY vs THE STATE NCT OF DELHI

Judgment text excerpt

$~J * IN THE HIGH COURT OF DELHI AT NEW DELHI Judgment reserved on: 19.12.2024 Judgment pronounced on: 22 .01.2025 + BAIL APPLN. 3710/2023 SANJAY .....Petitioner Through: Ms Sushma Sharma, Mr Girish Kumar Sharma, Mr Dhruv Kumar Sharma, Ms Aayushi Gaur, Ms Stuti Aggarwal and Mr Sahil, Advs. versus THE STATE NCT OF DELHI .....Respondent Through: Mr Aman Usman, APP for State with SI Satnarayan, ANS/SED CORAM: HON'BLE MR. JUSTICE JASMEET SINGH JUDGMENT : JASMEET SINGH, J 1. This is a petition filed under section 439 of Code of Criminal Procedure (“CrPC”) seeking regular bail in FIR bearing No. 788/22 dated 06.11.2022 under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) PS Okhla Industrial Area, South-East, New Delhi. FACTUAL MATRIX 2. As per the prosecution, a secret information was received on 06.11.2022 at around 08:00 AM that one person i.e. the petitioner herein would come to Okhla Industrial Area at around 12:00 PM to Digitally Signed BAIL APPLN. 3710/2023 Page 1 of 31 By:MAYANK Signing Date:22.01.2025 17:48:17 supply smack/heroine, if a raid is conducted then he can be apprehended with the contraband. After the verifying the secret information, SI passed the information to Inspector Rajinder Singh IUC Anti-Narcotic Squad and ACP/Operation Sh Satpal Panwar over telephone. On the directions of the ACP, the SI recorded the said information in DD No. 3 at 9:20 AM. A raiding team was constituted, and it took position near Okhla Phase-2 at around 10:45 AM. The SI introduced the raiding team to 4-5 passers-by requesting them to join as independent witnesses, but all of them denied citing justified compulsion. 3. It is further stated that at around 11:35 AM, a person wearing grey colored jeans and light pink colored t-shirt (identified by the