ZAKIR HUSSAIN vs STATE GOVT. OF 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. 1418/2024 ZAKIR HUSSAIN .....Petitioner Through: Mr Aditya Aggarwal and Ms Ruchika, Advs. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for State with SI Vikas, ISC/Crime 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 (“Cr.P.C”) seeking regular bail in FIR bearing No. 0142/2022 dated 18.07.2022 under section 18/21/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) PS Crime Branch, New Delhi. FACTUAL MATRIX 2. The facts of the case are that a secret information was received on 17.07.2022 at around 07:25 PM that one person namely Firoz along Digitally Signed BAIL APPLN. 1418/2024 Page 1 of 20 By:MAYANK Signing Date:22.01.2025 15:44:47 with other persons would come in Bolero car bearing no. HR02AM5455 to supply opium/heroine at Dhuala Kuan, Delhi Cant. area. The said information was reduced into writing after informing ACP who gave direction to raid and take appropriate action. 3. One raiding team was constituted and the same left for the spot. When they reached the Dhaula Kuan Bus Stand, 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. At 9:45 PM, the raiding team reached the spot and took their positions. 4. At around 11:15 PM, they saw a Bolero car bearing no. HR02AM5455 in which 3 individuals were sitting. The car stopped in between pillar no. 80 and 81 to which the secret informer identified the suspected person as Firoz – sitting adjacent to the driver namely Munsad and his accomplic