SUNIL Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This application has been filed by the applicant under Sec. 439 read with 167(2) of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') and Sec. 36A(4) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act') praying for release on bail in FIR No.0246/2019 registered with Police Station: Khajoori Khas, East-District, Delhi, under Ss. 22/29 of the NDPS Act.

(2.) In short, it is the case of the prosecution that on 16/5/2019, at about 9:20 PM, a checking of the vehicles was being conducted by the Police near Service Road, DLF Pushta Road, Near Government School, Khajoori Khas, Delhi. Two boys, namely, Sunil, the applicant herein, and the co-accused-Vicky @ Harminder, who were riding on a scooty and carrying two cartons in the middle of the seat of the scooty, were seen approaching the Police Picket. They were stopped for checking and it was found that they were carrying the drug, namely, 'Tramadol' in the cartons, which is a prohibited drug under the NDPS Act. Both the cartons were checked and it was found that in each carton there were 65 small boxes. Each small box contained 10 strips of 30 capsules of 'Tramadol Hydrochloride Capsules IP 50 mg' in each strip, making it a total of 39000 capsules.

(3.) The accused, including the applicant, disclosed that they had purchased the recovered contrabands from one Ankit, a resident of Loni, Ghaziabad. Ankit was arrested at the instance of the applicant herein on 17/5/2019, and a total of seven cartons of contrabands drugs (three cartons having total of 25200 capsules of 'Spasmo Proxyvon R Plus', two cartons having total of 27300 capsules of 'Simplex', one carton having total of 24000 capsules of 'Spasme Pievon Plus', and one carton having total 5400 capsules of 'Foridol') were recovered and seized at the instance of accused Ankit.