WAHEEDULLAH vs STATE GOVT. OF NCT OF DELHI

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI Date of Decision: 27th March, 2025. + BAIL APPLN. 4297/2024 WAHEEDULLAH .....Petitioner Through: Ms. Malvika Kulkarni and Mr. Pratyush Prasanna, Advocates. versus STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Laksh Khanna, APP. SI Shubhendu Sharma, Crime Branch, R.K. Puram. CORAM: HON'BLE MR. JUSTICE SANJEEV NARULA JUDGMENT SANJEEV NARULA, J. (Oral): 1. The present bail application has been filed under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973,1 and Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023,2 seeking grant of regular bail in the proceedings arising from FIR No. 198/2022 registered at P.S. Crime Branch, New Delhi under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985.3 Prosecution’s Case 2. The case of the Prosecution is as follows: 2.1 On 2nd September, 2022, SI Imran Khan received specific intelligence 1 “CrPC” 2 “BNSS” 3 “NDPS” Signature Not Verified Digitally Signed BAIL APPLN. 4297/2024 Page 1 of 16 By:NITIN KAIN Signing Date:29.03.2025 17:26:05 regarding an Afghani national, Waheedullah S/o Rahimullah, allegedly engaged in narcotics trafficking across Delhi-NCR. The input suggested that the said individual would be arriving near the TERI Institute in the Vasant Kunj Institutional Area, New Delhi. Acting upon the information, a raiding team was constituted and deployed at the designated location. 2.2 At about 11:30 PM, the Applicant was arrested at the instance of the informer. Prior to conducting the search, the Applicant was informed of the allegations against him and was duly served with a notice under Section 50 of the NDPS Act. He declined the offer to be searched in the presence of a Gazetted Officer or Magistra