NAVED Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 of Code of Criminal Procedure, 1973 ('Cr.P.C.') on behalf of the accused/applicant seeking grant of regular bail in FIR No. 155/2023, registered at Police Station Govindpuri, New Delhi,under Ss. 20/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) Brief facts of the case are that the present FIR was registered on a complaint filed on 6/3/2023 and upon receipt of certain information regarding one Ranjan Biswas being in possession of charas. Upon receipt of this information, the information was shared with ACP, Kalkaji who had directed the Investigating Officer to conduct a raid. Accordingly, the Investigating Officer had constituted a raiding team, and a trap was laid near Guru Ravidas Marg, Govind Puri, New Delhi, and at about 10:45 AM, the co-accused Ranjan Biswas was apprehended. Thereafter, a Notice under Sec. 50 of NDPS Act was served upon him and he had given his reply refusal to the notice under Sec. 50 of NDPS Act in Hindi. The raiding team conducted a search and upon a search, 582 grams of charas was recovered from his capry/short nikkar that he was wearing. The recovered substance was kept in a plastic transparent box and was sealed. It was taken into possession, and rukka under Sec. 20/61/85 of NDPS Act was prepared. Copy of the seizure memo and sealed exhibits were sent to Police Station Govindpuri for compliance of Sec. 55 of NDPS Act, and the present FIR was registered. During investigation, co-accused Ranjan Biswas had disclosed that he had purchased the charas from present accused/applicant Naved@ Pathan, and thereafter, the present applicant was arrested in this case.

(3.) Learned counsel for the accused/applicant argues that in this case, there is clear violation of Sec. 50 of NDPS Act since when on 9/3/2023, the applicant was arrested from Baraut, U.P., he was not informed about his right to be searched in the presence of a Gazetted Officer. It is also argued that notice under Sec. 50 of NDPS Act was given to the accused/applicant only on 10/3/2023. It is further argued that the chargesheet in this case has been filed and there is no requirement of the applicant/accused in custody. It is stated that the applicant/accused has been in judicial custody since 9/3/2023; and he has been falsely implicated in this case and no other case is pending against him, and therefore, he be released on regular bail.