PRIYARANJAN SHARMA Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed under Sec. 439 Cr.P.C. seeking regular bail in FIR No.311/2019 dtd. 16/10/2019 registered at Police Station Crime Branch, Shakarpur for offences under Sec. 20, 29 of the NDPS Act.

(2.) The facts in brief leading to the present FIR are as follows:-

(3.) The petitioner's bail application was rejected by the learned Sessions Court vide order dtd. 26/7/2021 stating that the petitioner was present in the car from where the contraband of a commercial quantity was seized and that the case was at an initial stage where charges were yet to be framed and the Trial to commence. It was stated that Sec. 37 of the NDPS created an embargo because of which the petitioner could not be enlarged on bail and on the mere reason that the CDRs of the raiding team were not aligned with the prosecution's case was not a reason to disbelieve the prosecution.