GOVIND BAHADUR THAPA @ RAVI SHARMA vs STATE

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI Reserved on: February 20, 2026 % Pronounced on: March 10, 2026 + CRL.REV.P. 559/2024 & CRL.M.A. 12559/2024 GOVIND BAHADUR THAPA @ RAVI SHARMA ....Petitioner Through: Mr. Abhishek Kumar and Ms. Deeksha Saggi, Advs. Versus STATE .....Respondent Through: Mr. Satish Kumar, APP with Mr. Upasana Bakshi, Adv. Insp. Sandeep Tushin, NR-II, Crime Branch CORAM: HON'BLE MR. JUSTICE SAURABH BANERJEE JUDGMENT 1. By way of the present petition under Section 401 of the Code of Criminal Procedure1, the petitioner seeks setting aside of the order dated 05.04.2024 and 12.04.2024 passed by the learned Special Judge (NDPS), North-District, Rohini Courts, Delhi2 in SC No. 519/2021 entitled ‘State vs. Rajesh Kumar’ insofar as it directs framing of charges under Sections 29/21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 against the petitioner. 2. Briefly stated, it is the case of the prosecution that on 13.04.2021, a secret information to the effect that co-accused Rajesh would arrive at Service Road near the Garbage Pile towards Bhalswa Dairy in a golden 1 Hereinafter referred to as ‘CrPC’ 2 Hereinafter referred to as ‘Trial Court’ CRL.REV.P. 559/2024 Page 1 of 6 Signature Not Verified Digitally Signed By:BABLOO SHAH Signing Date:10.03.2026 01:56:49 colour Honda City car for supplying charas. Acting upon the said information, the Police laid a trap and apprehended the co-accused Rajesh. Though nothing was recovered from the co-accused Rajesh in person, however, two packets weighing 1.560 kg and 1.600 kg of charas were recovered from his car. Thereafter, the co-accused Rajesh was arrested and, at his instance, the present petitioner and one Bhim Bahadur Budhathoki were also apprehended. During interrogation, they disclosed that they wer