LAWS(DLH)-2023-12-110

ARSHAD Vs. STATE GOVT. OF NCT OF DELHI

Decided On December 22, 2023
ARSHAD Appellant
V/S
STATE GOVT. OF NCT OF DELHI Respondents

JUDGEMENT

(1.) The present petition under Article 227 of the Constitution of India read with Sec. 482 of the Code of Criminal Procedure, 1973 has been filed seeking the following prayers:

(2.) Briefly stated, the facts of the case are that on 25/3/2022, pursuant to a secret information received informing that co-accused Arif can be caught with smack near Mahavir Vatika, a raiding team had been constituted, after following the prescribed procedure. On the same day, at about 10:40 PM, secret informer had identified the co-accused Arif, who was seen coming from NS Marg to Ansari road, Mahavir Vatika, and was carrying a bag on his right shoulder. Thereafter, two persons had come near Arif and had asked him whether he had brought smack for them to sell. Immediately thereafter, the raiding team had surrounded the three persons i.e. co-accused Arif, Salman, and Naeem. After giving notice under Sec. 50 of NDPS Act and calling the concerned ACP on the spot, the raiding team had carried out the search of accused persons. Upon conducting search, the team had found a plastic box inside the sports bag carried by co-accused Arif, in which a plastic polythene of white colour was found, containing smack (morphine) like substance. The team had then tested the substance using NDPS testing kit and it was found to be morphine. The plastic polythene containing the morphine had then been weighed, which was found to be 340 grams i.e. commercial quantity. All the three accused persons were arrested on 26/3/2022. During investigation, it was revealed that co-accused Arif had received the plastic box containing morphine from one Parvez, who runs a juice shop in Delhi, and the box had been carried from Shambhal, Uttar Pradesh to Delhi by one Arshad i.e. the present petitioner, who ferried passengers and goods from Shambhal to Delhi in his car. Thereafter, Call Detail Records of co-accused Arif were obtained, and it was found that on 24/3/2022, Arif had talked to the petitioner Arshad. Thereafter, petitioner Arshad had also been arrested, who had disclosed that he was involved in carrying parcels of morphine from Sambhal to Delhi, in his car, on a commission basis.

(3.) Learned counsel for the petitioner argues that the petitioner has been in judicial custody since 13/4/2022, but he has been falsely implicated in the present case, and no recovery has been affected from him. It is argued that the charge-sheet in this case was filed without FSL Report, and therefore, the petitioner is entitled to default bail. It is also stated that petitioner is entitled to bail on the ground of parity since the main accused Arif, from whom the recovery of contraband was affected, has been granted bail by the Hon'ble Supreme Court vide order dtd. 28/7/2023. It is also stated that the Hon'ble Apex Court in Mohd Arbaz and Ors. v. State of NCT of Delhi SLP (Criminal) No. 6876-6877/2022, has granted bail to the petitioners therein whose charge-sheets were filed without the FSL result. Thus, it is prayed that present petitioner be released on default bail.