MOHAMMAD AKBAR Vs. STATE

JUDGEMENT

(1.) Petitioner, who is accused in FIR No. 117/2019, registered at Special Cell, New Delhi for the offences under Sections 21/25/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as "NDPS Act"), is seeking bail by this petition. In the alternative, a prayer is made to release him on interim bail for 45 days.

(2.) The case of the prosecution is that on 17.07.2019, upon receipt of secret information, a raiding team was constituted and after collecting IO bag, field testing kit, electronic weighing machine and official brass seal of "SPL CELL NDR 38", the raiding team headed towards ISBT/Majnu Ka Tila and when they further received secret information that Deepak with his associates will assemble at 12:30 PM under Ashram Flyover, they reached there and tried to join two public witnesses, who refused to join the proceedings due to their own compulsions.

(3.) At around 12:30 PM two cars bearing registration number DL3C BE 1152 and DL3C AA 8369 came at the place of information, whose drivers came outside and started talking to each other and as the secret informant gave signal, the raiding party apprehended both the drivers. They disclosed their entity as Dheeraj @ Deepak and Rais Khan. Both admitted that they were carrying heroin with them. From the cavity of their cars, contraband of 30 kg. each i.e. total 60 kg. was recovered. Thereafter, the contraband was seized, samples were drawn, marking were done, rukka was prepared, the case property was sent to the Special Cell and samples were sent to FSL for analysis. Both the drivers/accused- Dheeraj @ Deepak and Rais Khan were arrested. Upon disclosure of accused Dheeraj @ Deepak, a search was conducted at House No. 483, Gali No. 21 Zakhir Nagar, Okhla, Delhi on 18.07.2019 and from the said house contraband of 60 kg was recovered and three persons, namely, Vakeel Ahmad @ Rahul, Rhamat Gul Shinwari and Akhtar Mohamad were apprehended and two pistols were also recovered and seized from the said house. In addition, recovery of 30 kg. of contraband was affected from the car of Vakeel Ahmad.