Delhi High Court - Orders
Nihaluddin vs The Govt. Of Nct Of Delhi on 22 November, 2021
Author: Manoj Kumar Ohri
Bench: Manoj Kumar Ohri
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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ BAIL APPLN. 2942/2021
NIHALUDDIN ..... Petitioner
Through: Mr. Raghwendra Tiwari, Advocate
alongwith Ms. Mamta Tiwari, Advocate
Versus
THE GOVT. OF NCT OF DELHI ..... Respondent
Through: Ms. Neelam Sharma, APP for State
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI
ORDER
% 22.11.2021
1. The present bail application has been filed under Section 439 Cr.P.C. on behalf of the applicant seeking regular bail in FIR No. 39/2019 registered under Section 21 of the NDPS Act at Police Station Crime Branch, Delhi.
2. Learned counsel for the applicant submits that the applicant has been in judicial custody since 21.02.2019. He further submits that the recovery alleged to have been effected from the applicant is doubtful, as he was not arrested from the place mentioned in the FIR. It is submitted that the applicant is a banana seller and he has been falsely implicated in the present case. It is further submitted that no public witness has been cited in connection with the alleged recovery. It is lastly submitted that the CDR details or any other kind of material has not been collected to establish the presence of the present applicant at the spot.
3. Learned APP for the State, on the other hand, has opposed the bail application. She submits that the present applicant was apprehended on the basis of receipt of secret information that he would be supplying heroin on 20.02.2019 between 8:15 & 8:45 p.m. near Matcaf House Bus Stand, Ring Road towards ISBT Kashmiri Gate, Delhi. It is further submitted that on said day, when the applicant was about to be apprehended, he threw his carry bag on the roadside and attempted to run away. Be that as it may, he was apprehended and the carry bag was seized. On search of the carry bag, 300 grams of heroin was recovered. The samples were drawn and sent to the FSL. As per the FSL Report, the same have tested positive and were found to contain diacetylmorphine, acetylmorphine, acetylcodeine, dextromethorphan and 6-monoacetylmorphine.
4. I have heard learned counsel for the parties and perused the material placed on record.
5. The applicant in the present case was arrested on the basis of secret information. Apparently, the recovery of 300 grams of heroin was made from a carry bag, which was thrown away by him. The quantity stated to be seized from the applicant is commercial in nature and Section 50 of the NDPS Act is not applicable.
6. Keeping in view the aforesaid, I find no ground to admit the applicant on regular bail. Accordingly, the bail application is dismissed.
7. Needless to state that nothing observed hereinabove shall amount to an expression on the merits of the case and shall not have a bearing on the trial of the case.
MANOJ KUMAR OHRI, J NOVEMBER 22, 2021 p'ma Click here to check corrigendum, if any