GURJEET SINGH Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The instant petition has been filed under Sec. 439 Code of Criminal Procedure, 1973 (Cr.P.C.) read with Sec. 482 of Cr.P.C. seeking regular bail on behalf of the petitioner in the case arising out of FIR bearing No. 27/2022, Police Station Vikas Puri under Ss. 18 and 25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) The brief facts of the present case are that the applicant was arrested on 8/1/2022. On 7/1/2022 at about 9.00 PM Constable Sandeep, on receiving secret information from informant, came to Police Station Vikas Puri along with the said informant and presented him before the Station House Officer. The Station House Officer was apprised that narcotic substance has been kept at the premises of petitioner i.e. House No. A-248, Vikaspuri, Delhi. Thereafter, the raiding team went inside the house and found the petitioner present there. During search, two polybags containing black colour material were found in the refrigerator. On enquiry it was found that the substance is "afeem". On testing the substance with field testing kit, the same was found to be afeem". Upon weighing, it was found to be 750 grams (one polybag containing 400 gms and other 350 gms). The narcotic substance was kept in polybag and put in plastic box which was sealed before the Duty Metropolitan Magistrate and a pulinda was prepared and deposited in the malkhana of Police Station Vikaspuri. The sample and sample seal were sent to FSL Rohini. On search of almirah in the house of applicant cash amount of Rs.2,52,15,350.00 was found. The money was sealed with the seal of SK". Thereafter, an FIR No. 27/22 under Sec. 18/25 NDPS Act dtd. 8/1/2022 PS Vikaspuri, Delhi was registered against the applicant and he was arrested.

(3.) The learned counsel for the petitioner/applicant stated that this is not a case of recovery of commercial quantity of opium, so as to attract the bar under Sec. 37 of NDPS Act. He argues that in the present case, the quantity recovered from the petitioner/applicant is intermediate quantity of 750 grams of opium/afeem. It is also stated that the accused is not involved in any other offence and he has been falsely implicated in the present case.