BHUSHAN Vs. STATE (NCT) OF DELHI)

JUDGEMENT

(1.) The present application is filed under Sec. 167(2) read with Ss. 439 of the Code of Criminal Procedure,1973 ('CrPC') seeking grant of default bail in FIR bearing no. 237/2023 dtd. 20/2/2023, registered at Police Station Bawana, for offences under Ss. 21/25 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) Brief facts of the case are that a secret information was received on 20/2/2023 that a person namely, Bhushan/applicant, who is involved in the business of Heroin, will come via the road leading from Bawana Police Station towards Narela and would be carrying Heroin in large quantities for supplying it to one of his customers at J.J Colony, Bawana. Thereafter, a raiding team was formed and at around 6:25 pm, the team reached the spot and stopped the car on the side of the road. At around, 06:42pm, the informer identified the suspect who was riding a blue scooter without helmet and was seen coming towards Sector-2, Bawana, Delhi and immediately, thereafter, the raiding team apprehended the applicant and informed him about the information they had received. After complying with the statutory provisions, the raiding team conducted a cursory search of the applicant, during which a black coloured polythene bag of heavy weight was recovered from the right pocket of his lower. On checking the same, it was found to be Heroin weighing 400 grams. The present FIR was thereafter registered, and the applicant was subsequently, arrested.

(3.) The chargesheet was thereafter filed on 1/7/2023.