USHA DEVI Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) This petition is filed seeking regular bail in FIR No.473/2023 at P.S. Shahbad Dairy registered under Ss. 21 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) The case of prosecution is that on 29/4/2023, secret information was received by SI Tej Singh that a lady named Kamla, resident of House No. D-18/4, Shahbad Dairy, Delhi was indulging in sale of heroin in bulk and retail. After verifying the said information, Inspector Umesh Sharma conveyed the same to senior officers who gave authorization to conduct a raid. A raiding party was constituted under the supervision of Insp. Umesh Sharma; raid was conducted at D Block, Shahbad Dairy and Kamla, aged 55 years, was apprehended at 1:14 P.M. Notice under Sec. 50 of NDPS Act was served and search was conducted inside the house of accused Kamla; 260g of heroin was recovered from there. FIR was registered and further investigation was handed over to ASI Narender Kumar.

(3.) The prosecution contends that during investigation Kamla disclosed that she had procured heroin from petitioner/Usha. Raid was conducted at the alleged residence of Usha but she was not found at the said address. Thereafter, notice under Sec. 67 of NDPS Act was served at her new address i.e. H. No. 360, Fourth Floor, H-3 Block, Sector 16, Rohini, Delhi, through post. Petitioner joined investigation on 18/8/2023 and disclosed her mobile number. During the CDR analysis, three numbers were identified i.e. one of Usha, that of her husband Ravi and of one Govinda. All these were found to be connected with Amit, son of accused Kamla. FSL was obtained and charge-sheet was filed against accused Kamla on 25/10/2023.