MOHAN SINGH Vs. STATE

JUDGEMENT

(1.) THIS a petition under section 439 CrPC for grant of regular bail in respect of FIR no. 149/2010, under section 18/25/29 of the NDPS Act, registered by PS Crime Branch, Rohini, Delhi in respect of which trial is pending in the court of Sh. V.K. Bansal, learned Special Judge, NDPS, Rohini Court, Delhi.

(2.) BRIEFLY stated, the facts of the case are that on 10.11.2010 a secret information was received by SIT, Crime Branch that two persons namely Mohan Kumar i.e the Petitioner (He has given his name as Mohan Singh) & Ravinder Kumar who are resident of Bhiwani ( Haryana) are bringing opium from Nimich (MP) & supplying it in Delhi & Punjab. On the basis of the said information, these persons were apprehended from near Bhalaswa Chowk, Delhi in a Tata Indigo Car. Petitioner, Mohan Singh was driving the said car and on search of the vehicle 25kgs of opium was recovered which was concealed in an aluminum container kept in a katta. This katta was kept in between the legs of the co-accused Ravinder. As per the FSL report, the sample was confirmed as opium.

(3.) LEARNED APP has opposed the application of the petitioner for grant of bail. The learned APP has stated that section 50 of the NDPS Act has been duly complied with in as much as the petitioner and the co accused were informed about their legal right to get their search to be conducted by a Magistrarte or Gazetted officer and in this regard a notice under section 50 of the NDPS Act was served on them but they had declined the same and gave a written reply to the effect.