KARAN Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) CRL.M.A. 14927/2023 and BAIL APPLN. 2662/2022 This is an application for early hearing. The present bail application has been filed under Sec. 439 CrPC seeking interim bail in case FIR No. 177/2022 under Ss. 21/61/85 NDPS Act registered at PS Govindpuri, New Delhi. Admittedly the alleged recovery from the petitioner is 12.30 gms of smack which falls under intermediate category thus on the face of provisions under Sec. 37 of NDPS Act will not be applicable to the petitioner.

(2.) The petitioner has been in custody since 5/2/2022. Learned counsel for the petitioner has relied upon the judgment of the coordinate bench of this court in case titled as Festus Chukwudi Odom v. NCB, Bail Appln. No. 2619/2019 dtd. 19/4/2022.

(3.) Learned APP for the State has opposed the application on the ground that on the basis of secret information, the present petitioner was apprehended and after completing all the legal formalities search was conducted and he was found in possession of 12.30 gms smack. Learned APP for the State submits that the sampling procedure was done in accordance with law and thereafter, charge-sheet has been filed. Learned APP for the state submits that earlier interim bail application being moved by the petitioner was also dismissed as withdrawn vide order dtd. 18/11/2022. Learned APP for the state has also submitted that though the petitioner is not involved in any other NDPS Act case but he is involved in 9 other cases.