KRISHAN PAWDIA Vs. STATE, NCT OF DELHI

JUDGEMENT

(1.) The present petition is filed under Article 226/227 of the Constitution of India read with Sec. 482 of Code of Criminal Procedure, 1973 (herein after referred as Cr.P.C.) for giving directions to the investigating agency/I.O./SHO for supplying contact numbers of the members of the raiding party and the location chart of the mobile of the members of the raiding party in FIR no. 0489/2021, P.S. Baba Haridas Nagar and also giving directions to the investigating agency/I.O./SHO to conduct fair investigation. The petitioner made the following prayers:-

(2.) As per the investigation, a secret information was received by S.I. Saroj Singh on 8/10/2021 at about 11:30 PM, that three persons would be coming from Orissa in a Eicher Truck bearing registration no. 2945 carrying illegal ganja for delivering to a person near Najafgarh, Anaj Mandi on 9/10/2021 at about 3:00AM to 4:00AM. Thereafter, a raiding party comprising ASI Randhir No. 311/DW, HC Jitender No. 195/DW, HC Sonu No. 1684 DW, Constable Parvinder No. 1196/DW and Ct. Rajbir No. 1645/DW under supervision of inspector AATS, Dwarka District was prepared and during raid three persons, namely, Krishna Pawardia i.e., the petitioner, Aman and Rakesh Dahiya were apprehended. FIR bearing no. 0489/2022 dtd. 9/10/2021 was got registered at Baba Haridas Nagar under Sec. 20/25 of Narcotic Drugs and Psychotropic Substances Act, 1985. The charge sheet is already filed and trial is pending.

(3.) The petitioner during the trial filed an application under sec. 91 Cr.P.C. in SC no. 245/2022 titled as State v. Rakesh and Ors. arising out of the FIR no. 0489/2021 registered at Baba Haridas Nagar. The trial court vide order dtd. 4/5/2022 has dismissed the application. It was observed that a similar type of application was filed by co-accused Rakesh Dahiya who was represented by same counsel and was dismissed as withdrawn on 28/10/2021. It was also observed that the accused Rakesh Dahiya again filed a similar application which was disposed of by the concerned trial court on 18/1/2022 and against order dtd. 18/1/2022, a writ petition bearing no. WP(CRL) 215/2022 titled as Rakesh Dahiya v. State of NCT, Delhi was filed, which was ordered to be dismissed as withdrawn vide order dtd. 1/2/2022 passed by another Bench of this Court. The application under sec. 91 Cr.P.C. filed by the petitioner was dismissed vide order dtd. 4/5/2022.