(1.) This petition has been filed under Sec. 482 of the Code of Criminal Procedure, 1973 (in short, 'Cr.P.C.') seeking setting aside of the Order dtd. 7/1/2022 (hereinafter referred to as the 'Impugned Order') of the learned Special Judge (NDPS), New Delhi District, Patiala House Courts, New Delhi (hereinafter referred to as the 'Trial Court'), passed in the FIR No. 117/2021 registered at Police Station: Special Cell, Delhi under Ss. 21/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, 'NDPS Act'), dismissing the application filed by the petitioner under Sec. 439 of the Cr.P.C.; the petitioner further seeks grant of regular Bail in the said FIR.
(2.) It is the case of the prosecution that on 2/5/2021, specific information was received that one Altaf @ Mehrajuddin Darji was going to deliver a consignment of contraband, at around 08:00-08:15 P.M., somewhere in the area of Zakir Nagar, Delhi. It is alleged that acting upon the said information, a raiding party was formed, and a trap was laid. It is alleged that in the said raid, Altaf @ Mehrajuddin Darji, was arrested and 4.500 Kilograms of contraband was recovered from his possession.
(3.) It is stated that during the investigation, based on the disclosure statement of the said accused Altaf @ Mehrajuddin Darji, another raid was conducted by the investigating agency, and on 3/5/2021, co- accused, namely, Abid Hussain Sultan, was apprehended and 12 Kilograms of contraband was recovered from his flat situated at Vinoba Puri, Delhi.