TASLIM Vs. STATE

JUDGEMENT

(1.) This is a petition filed by the petitioner under Sec. 439 Cr.P.C. seeking regular bail in case FIR No. 781/2021 under Ss. 21, 25 and 29 NDPS Act registered at Police Station Bhalswa Dairy, Delhi.

(2.) In brief the facts of the case are that on 8/11/2021 at about 5:00 pm, a secret information was received by SI Dilbag about a person, namely, Arshad Ali who in association with Asif Kasai and Bhure r/o Fateh ganj Bareilly, UP was indulging in sale and supply of Heroin in Delhi and UP and they were coming to deliver a consignment of Heroin near Bhalswa Lake, Delhi in Taxi No. UP-25-DT-5525 between 9:00 pm to 11:00 pm. The raiding party left for the spot vide DD No. 6 at 7:30 pm along with informer in a private vehicle No. DL-8C-AZ-7412 driven by Ct. Arun. At about 10:10 pm, a white colored taxi car No. UP-25DT-5525 was intercepted. The persons sitting in the car were identified as Arshad Ali, Taslim (petitioner herein) and Arshad Khan/driver. During cursory search of Arshad Ali, a black colored raxin bag was recovered and the said bag was found containing a black colored polythene packet. The black colored polythene packet further contained a transparent polythene packet duly tied with rubber band and on opening the transparent packet, it was found containing light brown colored powdery substance. On checking and weighing, the transparent polythene packet was found containing 1 kg of HEROIN. Samples were drawn from the seized contraband and all the mandatory provisions of NDPS Act were duly complied with. After following due procedure, the case vide FIR No. 781/2021 under Ss. 21, 25 and 29 NDPS Act was got registered at Police Station Bhalswa Dairy, Delhi.

(3.) I have heard the learned counsel for the petitioner, learned APP for the State and perused the status report filed by the state.