LEELA DHAR Vs. STATE

JUDGEMENT

(1.) Separate applications under Sec. 439 Cr.PC have been preferred on behalf of petitioners Leela Dhar @ Leelu and Shivanshu Jain in FIR No.0094/2021 under Ss. 20/29/25 of the NDPS Act registered at Police Station Kalyanpuri.

(2.) In brief, as per the case of the prosecution, on 18/3/2021, a secret information was received by SI Nehit Phogat, posted at Special Staff East that a person namely Chirag Jain procures narcotic substance i.e. charas in bulk from Kasol, Himachal Pradesh and supplies to local drug peddlers in Delhi. Further, on 18/3/2021, two of the Chirag Jain's associates would bring charas in Car bearing No. DL-10CG 8565 Toyota Etios and supply the same to Chirag Jain about 08:00-08:30 PM.

(3.) On the aforesaid information, a raiding party was constituted to apprehend the accused and also the secret information was entered vide DD No. 12 at 07:12 PM. The raiding party was finally placed near LBS Hospital. About 08:15 PM, Chirag Jain reached from the side of Mayur Vihar Phase-II and kept waiting and was identified by the secret informer. Thereafter, at about 08:25 PM Car No. DL-10CG 8565 Toyota Etios was seen coming towards the spot and the driver was identified by secret informer as Mukesh Rana and other as Shivanshu Jain (petitioner in Bail Application No. 4159/2021). Accused Chirag Jain boarded the car. After about 5 minutes, Chirag Jain came out of the car along with a polythene bag in his right hand. The way of Toyota was blocked with a 'gypsy'. All the three accused were apprehended and further investigation was carried out. The polythene bag in the possession of Chirag Jain was found to contain a black colour polythene which further contained a transparent airtight polythene containing Charas which weighed 1050 gms. and was confirmed through field testing kit as well as smell and physical appearance. Further proceedings for taking the same in possession were conducted.