MUMTAZ Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present bail application has been filed by the petitioner under Sec. 438 Cr.P.C. for grant of anticipatory bail in case FIR No. 268/2022 under Ss. 21/25/29 NDPS Act registered at Police Station Crime Branch, Delhi.

(2.) Briefly stated, the facts of the case are that on 19/11/2022, on the basis of a secret information, a raiding party was formed and accused Nazruddin was apprehended from UCMS, Gate No. 2, inside GTB Hospital, Delhi at about 04:25 p.m. Notice U/s 50 NDPS Act was served upon him but he declined the offer to be searched in the presence of a Gazetted officer or Magistrate and after compliance of provisions of NDPS Act, search of accused Nazruddin was taken and during his search, 301 grams heroin was recovered from his possession. Accordingly, the present FIR was registered at PS Crime Branch, Delhi.

(3.) During investigation, IO/SI Sudhir Kumar arrested accused Nazruddin in the present case and he disclosed that he had procured the recovered contraband from one Bazi R/o Mandsaur, MP. Further on 22/11/2022, at the instance of accused Nazruddin, 600 gram heroin was recovered from his house. In his disclosure statement accused Nazruddin disclosed that after procuring heroin from Bazi, he supplies heroin to Bharti, Sumit and Mumtaz (petitioner herein). He further disclosed the mobile number of petitioner Mumtaz as 7579740805 which was also saved in the mobile phone of accused Nazruddin as "M.1" and he also disclosed that he used to talk to petitioner Mumtaz only on Whatsapp call regarding the supply of Heroin.