RAJESH KUMAR Vs. STATE

JUDGEMENT

(1.) This application has been filed by the applicant under Sec. 439 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') praying for release on bail in FIR No.0063/2021, registered with Police Station: Crime Branch, Delhi, under Sec. 20 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act'), and the consequential Sessions Case No. 519/2021 titled as State v. Rajesh Kumar, pending adjudication before the Court of the learned Additional Sessions Judge (Special Judge NDPS), North District, Rohini Courts, Delhi.

(2.) In short, it is the case of the prosecution that on 13/4/2021, a secret information was received by the police that a person, namely, Rajesh would come to the service road near a garbage pile towards Bhalswa Dairy in golden colour Honda City car to sell charas. Accordingly, a trap was set. At around 00:55 AM, One golden Honda City car was seen approaching. On the gesture from the informant, the car was stopped and the applicant was apprehended. During the search of the applicant, nothing was found on him, however, during the search of the car, two brown colour packets were recovered from the conductor side. On checking their content through the Field Testing Kit, it was found to be charas. On weighing the two packets, they were found to be 1.560 kg and 1.600 kg respectively, totalling 3.160 kg. The contents (contraband) were seized. Two drug peddlers, namely, Gobind Bahadur Thapa @ Ravi Sharma, and Bhim Bahadur Budhathokis, were arrested at instance of the applicant. They disclosed that they were working as drug peddlers on a commission basis for one Bahadur @ Dhai. Bahadur @ Dhai, however, could not be arrested and is absconding.

(3.) It is alleged that during the investigation, CDRs of mobile numbers used by the accused persons were obtained, and they were found to be in touch with each other. Supplementary charge-sheet was filed on 12/1/2024.