SANDEEP Vs. STATE

JUDGEMENT

(1.) These applications have been filed under Sec. 439 of the Code of Criminal Procedure, 1973 (in short, 'CrPC') by the accused persons seeking to be released on regular bail in FIR No.34/2022 registered at Police Station: Sarai Rohilla Railway Station, Delhi under Ss. 20/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') and Ss. 147/149 of the Railways Act, 1989.

(2.) As both the applicants have been arrayed as co-accused in the above FIR, and as identical pleas are being taken for seeking regular bail, these applications are being dealt and considered by this Court by this common judgment.

(3.) It is the case of the prosecution that, on 31/10/2022, ASI Sunder Lal alongwith staff was on patrolling duty at Sarai Rohilla Railway Station. At around 2.00 p.m., when the police party reached at the parcel area side at Platform No.1, they found two boys, who were holding a trolley bag each in their hands and were carrying a backpack each. On seeing the police party, the boys started moving towards Dayabasti. On suspicion, both were stopped by the police and were inquired about their luggage. As they could not give a satisfactory answer upon being questioned, their luggage was checked and 8 packets each, wrapped with brown tape, were recovered from the trolley bags carried by each of them, while 4 packets each, wrapped with brown tape, were recovered from the backpacks carried by each of them. Therefore, a total of 12 packets each were recovered from the possession of each of them.