PARAMJEET SINGH Vs. STATE

JUDGEMENT

(1.) In view of the reasons stated in the present petition, the application is allowed and disposed of.

(2.) The present petition is filed under section 439 of Cr.P.C. on behalf of the petitioner for grant of regular bail in FIR No.45/2015 registered at Police Station Special Cell for the offences punishable under sections 21/29 of NDPS Act.

(3.) Case of the prosecution is that on 28.06.2015, an information was received by the officials of Special Cell through the secret informer that one Sikh person namely Paramjeet Singh (Petitioner herein) resident of Shiv Vihar, Delhi would be coming to take bus from Delhi to Ludhiana from Red Fort between 10.00 to 10.30 PM and he would be carrying consignment of Heroin for delivering the same in Ludhiana. It is also alleged that SI Rakesh Kumar informed Inspector Attar Singh about the above information. Above named Inspector further informed about the above information to ACP, who in turn authorized him to conduct raid. It is alleged that SI Rakesh Kumar raided the spot i.e. near Chhata Rail Red light, near Red Fort, Delhi and apprehended Petitioner with blue colour 'Theli'. Accordingly, SI Rakesh Kumar served Notice under Section 50 NDPS Act informing the petitioner about his rights to be searched in the presence of Gazetted Officer or Magistrate. After obtaining denial of Petitioner on the notice under section 50 NDPS Act in securing the presence of Gazetted Officer or Magistrate, the officials allegedly conducted search of Kurkure Ki blue colour theli. It is further alleged that in search of said Kurkurae Ki theli, the officials recovered and seized 1.5 Kg of Heroin after drawing sample.