MOHD TAHIR Vs. STATE

JUDGEMENT

(1.) This is an application under Section 439 of the Code of Criminal Procedure (hereinafter referred to as "the Code") seeking regular bail in FIR No.140/2018 dated 26.05.2018, registered at Police Station Crime Branch, Delhi for offences under Sections 20, 25, 29 of NDPS Act.

(2.) The petitioner is in custody from 26.05.2018. The Charge-sheet has been filed. A perusal of the charge-sheet shows that on 26.05.2018, at about 5:30 P.M information was received by ASI Ramdev that one person namely, Mohammad Tahir @ Sajjan, resident of Kannauj, Uttar Pradesh, will bring ganja in his Truck No. UP 74T 4877 to supply the same to his customer namely Amit at Sanjay Gandhi Transport Nagar near CNG Pump between 10.00 A.M to 11.00 A.M. Acting on the information, the Police reached the spot at about 9 A.M. It is stated in the Charge-sheet that the raiding party asked the people standing near the place as to whether they would be willing to be part of the raiding party but none of them was prepared to be a part of the raiding party. The raiding party found the truck bearing No. UP 74T 4877 near the CNG Pump, Lower G.T.K. Road, Sanjay Gandhi Transport Nagar, Delhi. Since no one was found inside the truck the Police team waited. It is stated in the charge-sheet that at about 10:25 A.M two persons coming from Transport Nagar reached near the truck and after sitting in the truck when they were about to go, they were apprehended by the raiding party. The petitioner and Mr. Amit Kumar revealed themselves by giving their names.

(3.) Notice under Section 50 of the NDPS Act was served on the petitioner and the co-accused and they were informed about their rights to be examined before a Gazetted Officer or Magistrate. The search was conducted and 175 Kg ganja was recovered from their truck. The material was measured and sealed in separate packets and the petitioner was arrested.