RAFIQ Vs. STATE GOVT OF NCT OF DELHI

JUDGEMENT

(1.) By way of this order, I shall dispose of the present bail application filed under Section 439 Cr.P.C. read with Section 482 Cr.P.C. on behalf of the petitioner for grant of regular bail in case FIR No. 151/2020 registered under Section 20/25 of the NDPS Act at P.S. Crime Branch.

(2.) Briefly stated, the allegations against the petitioner are that on the basis of a secret information received on 05.10.2020, a team was constituted by SI Sushil Kumar and raid was conducted at Village Mukhmelpur, Cut Mukhmelpur, Hiranki, Burari Pusta which resulted in the apprehension of two persons Israil and Rafiq (present petitioner) who were approaching Delhi in a Mahindra Pick UP bearing No. DL 1CX 6566. Notice U/s 50 of the NDPS Act was issued to both of them. Information regarding apprehension of the said persons was shared with ACP/SOS-II who reached at the spot and in his presence the search was carried out. During physical search of accused Rafiq @ Fikku (present petitioner), contraband (Charas) weighing 555 grams was recovered from his right pocket of Jeans paint while during the search of Israil contraband (charas) weighing 955 grams was recovered under his shirt which was wrapped by accused Israil with the help of a white cloth.

(3.) Accordingly, a case U/s 20/25 of the NDPS Act was registered and the petitioner alongwith the co-accused was arrested on 06.10.2020. During the course of investigating, according to the prosecution, the conspiracy to bring the contraband in Delhi NCR for selling was established and subsequently Section 29 NDPS Act was added. As per the case of the prosecution on further interrogation of the petitioner and his co-accused they disclosed that they used to bring the contraband by hiding in vegetables, which they carry in their vehicle.