GULAM NABI vs GOVT OF NCT OF DELHI THROUGH SHO

Judgment text excerpt

$~1 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of decision:1st September, 2025 + BAIL APPLN. 1389/2025 GULAM NABI .....Petitioner Through: Mr. Srikant Singh, Mr. Mukesh Kumar, Mr. Srajan.S.Kulshrestha, Advocates. versus GOVT OF NCT OF DELHI THROUGH SHO .....Respondent Through: Mr. Utkarsh, APP for the State. CORAM: HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA J U D G M E N T (oral) 1. Bail Application under Section 483 of Bharatiya Nagarik Suraksha Sanhita, 2023, has been filed on behalf of the Petitioner/Applicant, Gulam Nabi, in FIR No. 453 of 2023 registered under Section 21/29/61/85 Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as “NDPS Act”). 2. Briefly Stated, on 25.09.2023, on the basis of secret information a raiding team was constituted, which at around 7:45 PM, found the co-accused Danish who was carrying a pink-coloured foil in his right hand, going towards the house of Rafikul Malik @ Babu, in Lane No. 7, Ghazipur Dairy Farm, Delhi. Thereafter, Rafikul Malik @ Babu came out of his house and had some Signature Not Verified BAIL APPLN. 1389/2025 Page 1 of 8 Signed By:VIKAS ARORA Signing Date:02.09.2025 19:07:19 brief conversation. Danish then handed over the pink-coloured foil to Rafikul Malik @ Babu, which he checked and kept in his pocket. Immediately, the raiding team apprehended both co-accused Danish and Rafikul. On the search of Rafikul Malik @ Babu, the light-coloured pink foil was recovered which was a powder-like substance which was found to be Heroin (Smack) with a total weight of 270 grams. 3. Uponinterrogation, co-accused Danish revealed that he was supplying smack in Delhi on the instruction of one Raees and his son Salim who inturnwere obtainingit from the Applicant, Gulam Nabi. 4. Thereafter, on the intervening