ZAKEY AHMED vs STATE OF NCT DELHI & ANR.

Judgment text excerpt

$~4 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision: 17.07.2025 + BAIL APPLN. 817/2025 ZAKEY AHMED .....Petitioner Through: Mohd. Suza Faisal, Mohd. Kashif, Mr. Rashid Ali, Advs. versus STATE OF NCT DELHI & ANR. .....Respondents Through: Mr. Aman Usman, APP for the State with SI Shailendra Tiwari, ER-II, Crime Branch. CORAM:- HON'BLE MR. JUSTICE RAVINDER DUDEJA JUDGMENT (ORAL) RAVINDER DUDEJA, J. 1. The present application has been filed under Section 439 Cr. PC and 438 BNSS for the grant of regular bail in FIR No. 60/2024, under Section 21/25/29 NDPS Act, registered in Crime Branch, East. 2. The case of the prosecution, in brief, is that on 13.03.2024, secret information was received regarding two individuals, Zakey Ahmad and Hasib, allegedly involved in drug supply, who were expected to deliver narcotics near SVN Public School, Kabir Nagar, Delhi during the early hours of 14.03.2024. The information was BAIL APPLN. 817/2025 Page 1 of 8 Signature Not Verified Digitally Signed By:VAISHALI PRUTHI Signing Date:19.07.2025 10:55:51 relayed by ASI Satendra to Inspector Ashish Dahima and subsequently conveyed to ACP Arvind Kumar, following which a DD entry was recorded and a raiding team was constituted. Acting upon the said intelligence, the raiding party laid a trap and apprehended Zakey Ahmad and Hasib around 3:30 AM, and upon further disclosure, one Rashid was also apprehended on their instance. While a notice under Section 50 of the NDPS Act was served on Rashid, no contraband was recovered from his personal search and a nil recovery memo was prepared. Thereafter, FIR No. 60/2024 under Section 21 of the NDPS Act was registered at the Crime Branch, East Delhi. 3. Learned counsel for the applicant has submitted that the procedural safeguards mandated under Sec