Delhi High Court - Orders
Anita @ Kallo vs The State(Nct Of Delhi) on 4 May, 2023
$~10
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 957/2023
ANITA @ KALLO ..... Petitioner
Through: Mr. Pankaj Giri & Mr. R R Giri,
Advs.
versus
THE STATE(NCT OF DELHI) ..... Respondent
Through: Mr. Y S Chauhan, APP for the State
SI Hanspreet Singh, ANTF/ Crime
Branch
CORAM:
HON'BLE MR. JUSTICE ANISH DAYAL
ORDER
% 04.05.2023
1. Pursuant to previous order of this Court dated 23rd March, 2023, status report has been filed as per which recovery of 2 kgs of heroin had been effected from one Shahban on 5th November, 2022. As per disclosure statement of Shahban, he had taken supply of 2 kgs of heroin from one Rahees who is based in Bareilly, U.P. He further stated that 500 gm of heroin was given to the petitioner who was resident of jhuggis in Kishanganj, Delhi. Accordingly, a raid was conducted at the location of the house of petitioner where she was found standing outside her house and was apparently found in possession of the contraband.
2. After observing the provisions of NDPS Act, her personal search was conducted and 89 gm of heroine was recovered from her possession as also Rs.1,80750/- was found inside her bag. The petitioner was arrested on 12 th November, 2022.
3. Learned counsel for the petitioner has contended that the recovery Signature Not Verified Digitally Signed By:ANISH DAYAL from the petitioner was only 89 gm which comprises an intermediate quantity and the said recovery cannot be clubbed with the recovery from Shahban since these were separate events. He has further relied upon the decision of a Coordinate Bench of this Court in Anita v. State Bail Appln. No.1538/2022 decided on 20th July, 2022 where it has been held that recovery made from co-accused cannot be added to the quantity recovered from the petitioner before it. Learned counsel for the petitioner has further contended that there were no independent witnesses at the time of seizure.
4. Ld. APP states that the charge-sheet has been filed and charges are yet to be framed and the next date before the Ld. Trial Court is 8 th May, 2023. The petitioner will be liberty to canvass their pleas as above before the Ld. Trial Court.
5. Accordingly, list on 18th July, 2023.
6. Order be uploaded on the website of this Court.
ANISH DAYAL, J MAY 4, 2023/sm Signature Not Verified Digitally Signed By:ANISH DAYAL