State Government Of Nct Delhi vs Kenneth Unadike on 2 July, 2025

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Delhi High Court - Orders

State Government Of Nct Delhi vs Kenneth Unadike on 2 July, 2025

Bench: Sanjeev Narula

                          $~53
                          *         IN THE HIGH COURT OF DELHI AT NEW DELHI
                          +         CRL.M.C. 4177/2025
                                    STATE GOVERNMENT OF NCT DELHI                                                          .....Petitioner
                                                                  Through:            Mr. Tarang Srivastava, APP for the
                                                                                      State with SI Bharat Singh, SI Sunil,
                                                                                      PS Anti-Narcotics Cell/Dwarka

                                                                  versus

                                    KENNETH UNADIKE                                                                   .....Respondent
                                                Through:                              None.

                                    CORAM:
                                    HON'BLE MR. JUSTICE SANJEEV NARULA
                                                                  ORDER

% 02.07.2025 CRL.M.A. 18271/2025 (Exemption)

1. Exemption is granted, subject to all just exceptions.

2. The Petitioner shall file legible and clearer copies of exempted documents, compliant with practice rules, before the next date of hearing.

3. Accordingly, the application stands disposed of.

CRL.M.C. 4177/2025

4. The present petition filed under Section 483(3) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (formerly Section 439 of the Code of Criminal Procedure, 1973) impugns order dated 06th March, 20251 passed by Special Judge (NDPS)-01, South West District, Dwarka Courts in proceedings arising from FIR No. 443/2023 registered under 1 "the impugned order"

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 21:53:08 Sections 8/22 of the Narcotic Drugs and Psychotropic Substances Act, 19852 at P.S. Mohan Garden.

5. Mr. Tarang Srivastava, APP for State, argues that the impugned order granting bail does not take into consideration that the quantity recovered from the Respondent was 70 grams of Amphetamine, which is classified as 'commercial', attracting the rigour of the twin conditions laid down under Section 37 of the NDPS Act. This statutory bar has not been considered and the Respondent has been granted bail solely on the basis of lack of supply of grounds of arrest.

6. Issue notice to the Respondent by all permissible modes, upon filing of process fee, returnable on the next date of hearing.

7. Re-notify on 13th October, 2025.

SANJEEV NARULA, J JULY 2, 2025/ab 2 "the NDPS Act"

This is a digitally signed order.

The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 21:53:08

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Delhi High Court - Orders