(1.) These applications have been filed under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking grant of bail to the accused persons/Applicants in FIR No.564/2020 registered at Police Station: Badarpur, South-East District, New Delhi under Ss. 20/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') and the consequential criminal case, being SC No.267/2021, titled State v. Vishwajeet Singh Etc. pending adjudication before the Court of the learned Additional Sessions Judge-04, Special Judge (NDPS Act), South-East District, Saket Courts, New Delhi (hereinafter referred to as the 'Trial Court').
(2.) As both the Applicants have been arrayed as co-accused in the above FIR and have taken identical pleas seeking grant of Bail, these applications are being dealt with and considered by this Court by way of this common judgment.
(3.) It is the case of the prosecution that on 2/12/2020, at about 8:30 PM, Head Constable Man Mohan along with Sub-Inspector Virender and Head Constable Vindyachal had apprehended two persons who were coming on foot towards Badarpur from Faridabad side and were carrying bags on their back. During checking of the red-coloured bag carried by the accused Vishwajeet Singh, and the black-coloured bag carried by accused Dev Kumar, six brown-coloured packets in each of the said bags were recovered. It is stated that on checking the brown packets, a Cannabis like substance was found in all the packets, therefore, information regarding the apprehension and the recovery of the narcotic substance was given to the Police Station: Badarpur by HC Man Mohan, which was duly recorded vide DD No.64A. The same was handed over to SI Jagjeevan Ram for further necessary action.