MOHD. AKIL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case FIR No. 124/2017 under Ss. 21/29 NDPS Act registered at Police Station Crime Branch (West), Delhi.

(2.) In brief the facts of the case are that on 27/07/2017, SI Vinod Kumar of Narcotics Cell, Crime Branch received secret information that two persons namely Nabi Alam @ Abbas and Md. Akil (present petitioner) both R/o Badaiyun, UP, are engaged in the supply of Heroin in Delhi and they would be coming at Red Light, Chanakya Place, near transformer, on the road leading towards Uttam Nagar, Delhi between 02:00 PM to 02:30 PM for delivery of Heroin. The secret information was conveyed to the Inspector and ACP/N.Cell, Crime Branch and reduced into writing vide DD No. 12 dtd. 27/07/2017 and complied with the mandates of Sec. 42 NDPS Act. Thereafter, a raiding team was constituted and trap was laid near Red Light, Chankya Place, Uttam Nagar, Delhi. At about 02:30 PM, two persons, namely Nabi Alam @ Abbas and Md. Akil (present petitioner), were apprehended at the instance of the secret informer. Notices under Sec. 50 NDPS Act were duly served upon them and they were made aware about their legal rights but both the persons refused to avail their legal rights i.e. to be searched before any Gazetted Officer or Magistrate. Therefore, cursory search of Nabi Alam @ Abbas was conducted first during which 250 grams Heroin was recovered from the pant worn by him, while 50 grams Heroin was recovered from the pant of the present petitioner. The recovered Heroin was seized after taking out samples as per due process and FIR No. 124/17, under Sec. 21/29 NDPS Act was registered at PS Crime Branch and investigation was entrusted to Inspector RajniKant Sharma, who arrested the present petitioner and the co-accused.

(3.) I have heard learned counsel for the petitioner and learned APP for the State and perused the status report filed on behalf of the State.