ALOK SAXENA Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present petition has been preferred under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 (hereinafter, referred to as the "Code") for seeking regular bail in FIR bearing No. 141/2021 under Sec. 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, referred to as the "NDPS Act") registered at PS - Crime Branch, Delhi.

(2.) The brief facts of the case as per the prosecution are that on 24/7/2021, an information was received in SOS-I/Crime Branch, that a person named Alok Saxena would be supplying smack in Delhi. The information was shared with senior officers and necessary permission under the provisions of the statute was obtained. The applicant was apprehended by the Police and the contraband i.e. smack was recovered in two packets of a total quantity of 2010 gms. Accordingly, FIR bearing No. 141/2021 under Ss. 21/25 of the NDPS Act at Police Station Crime Branch, Delhi was registered against the applicant. After completion of the investigation, charge sheet was filed for commission of offence under Sec. 22 of the NDPS Act against the applicant and Ss. 21/25 of NDPS Act was dropped on the basis of FSL report.

(3.) Learned counsel appearing on behalf of the applicant submitted that the applicant has been falsely implicated in the instant case. It is submitted that the investigation has been completed and a chargesheet has already been filed. It is also submitted that the applicant has been languishing in jail since 24/7/2021 and no useful purpose would be served by keeping the accused/applicant in jail. It is further submitted that the applicant has clean antecedents and has not been involved in any criminal activities of any manner in the past.