MAMTA Vs. STATE OF DELHI

JUDGEMENT

(1.) The present application has been filed under Sec. 439 Cr.P.C. read with Sec. 37 of the NDPS Act on behalf of the applicant seeking regular bail in FIR No. 312/2020 registered under Ss. 21/61/85 of the NDPS Act at Police Station Budh Vihar, Delhi.

(2.) Learned counsel for the applicant submits that as per the prosecution case, a secret information was received at about 8:00 p.m. that the applicant, who was involved in selling of drugs, could be arrested. A raid team was organized and at about 9:15 p.m. when the applicant was allegedly getting down from an auto, she was identified by the secret informer and apprehended. A notice under Sec. 50 of the NDPS Act was given to her and on being searched by W/Ct. Rekha, 50.75 gms Smack was allegedly recovered from the possession of the applicant. Learned counsel has contended that the provisions of Sec. 50 of the NDPS Act were not strictly complied with in the present case. He submitted that the search of the applicant, admittedly conducted by W/Ct. Rekha, was in complete contravention of Sec. 50(4) of the NDPS Act and the alleged recovery being of 'intermediate quantity' in nature, the rigours of Sec. 37 of the NDPS Act are not applicable to the case.

(3.) It is also submitted that the applicant has been in judicial custody since 17/11/2020 and the charge sheet having been filed, the applicant is no longer required for the purpose of investigation. Learned counsel also submits that the applicant was granted interim bail by the Sessions Court for a period of 45 days vide order dated 16/12/2020 and for another period of 10 days vide order dated 01.07.2021, however, on account of misunderstanding as to whether the directions passed by the Supreme Court and the Full Bench of this Court with respect to continuation of interim bail orders would be applicable to the case of the applicant or not, the applicant did not surrender in time.