STATE (GOVT. OF NCT) OF DELHI vs AMIT

Judgment text excerpt

$~19 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 29th April 2025 Pronounced on: 03rd July 2025 + CRL.M.C. 3394/2024 STATE (GOVT. OF NCT) OF DELHI .....Petitioner Through: Mr. Aman Usman, APP with SI Kuldeep Singh, Special Cell. versus AMIT .....Respondent Through: Ms. Stuti, Advocate. CORAM: HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT RAVINDER DUDEJA, J. 1. The present petition under Section 482 read with Section 439(2) of the Code of Criminal Procedure, 1973, has been filed assailing the order dated 20.11.2023 passed by the Court of the Additional Sessions Judge, Special Judge (NDPS), Patiala House Courts, New Delhi, whereby bail was granted to the respondent in Sessions Case No. 409/2019 arising out of FIR No. 40/2019 registered under Sections 21/29/61/85 of the NDPS Act at PS Special Cell. CRL.M..C. 3394/2024 Page 1 of 7 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:03.07.2025 15:10:27 2. Briefly stated the facts of the matter according to the charge sheet it is that on 13.03.2019, the Special Cell received secret information that accused Amit/Respondent and Ankush were trafficking heroin on the directions of Mukesh and were to deliver a consignment near Veer Apartments, Rohini. A raiding team was constituted and, after making efforts to include public witnesses, both accused were apprehended at the spot in a Hyundai Xcent car. After informing them of their rights under Section 50 of the NDPS Act and obtaining refusals in writing, a search was conducted. Two kilograms of heroin were recovered from the bag of Ankush and another two kilograms from beneath the driver’s seat of the car. Both were arrested, their disclosure statements recorded, and the car along with their mobile phones were seized. 3. Further investigation led to t