KHUSHI RAM GURUNG vs THE STATE GOVT. OF N.C.T. OF DELHI

Judgment text excerpt

$~13 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 10.07.2025 + BAIL APPLN. 2799/2024 KHUSHI RAM GURUNG .....Petitioner Through: Mr Shubhendra Aggarwal, Mr. Bijender Singh & Mr. Raj Kumar Barathwal, Advocates versus THE STATE GOVT. OF N.C.T. OF DELHI .....Respondent Through: Ms. Meenakshi Dahiya, APP for State with SI Manish Kumar CORAM: HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL) 1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking the grant of Regular Bail in FIR No. 38/2022 dated 27.03.2022, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter “NDPS Act”) at Police Station Crime Branch, Delhi. PROSECUTION’S CASE 2. On the night of 26.03.2022, ASI Sanjay Kumar, posted with the NRI/Crime Branch, received secret information that one Nepali national, namely Khushi Ram (petitioner), who was involved in the sale of charas in Delhi, would arrive at Jharoda Burari Road, on the right side of Sant Nagar Marg Chowk, near the drain at Burari Signature Not Verified Digitally Signed BAIL APPLN. 2799/2024 Page 1 of 8 By:RASHIM KAPOOR Signing Date:11.07.2025 13:03:49 flyover, Ring Road, Delhi, to deliver a consignment of charas to an unknown person. The information further indicated that if a raid was promptly conducted, the said individual could be apprehended with the contraband in his possession. 3. The secret information was immediately shared with senior officers, and requisite permission under Section 42 of the NDPS Act was obtained. A raiding team was thereafter constituted under the supervision of ASI Sanjay Kumar. The team departed the office of the Crime Branch at 11:29 PM on 26.03.2022 vide DD No. 0067A, and proceeded towards the ident