(1.) First Bail Application has been filed under Sec. 483 BNSS, 2023 (earlier Sec. 439 Criminal Procedure Code, 1973) on behalf of the Accused/Applicant seeking Bail in SC No. 430/2023 pending adjudication before Special Judge NDPS, Tis Hazari arising out of FIR No. 30/2023 under Ss. 20/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter 'NDPS Act'), dtd. 10/2/2023 registered at PS Crime Branch.
(2.) Briefly stated, the case of the Prosecution is that on 9/2/2023 a secret informer came to the office of the Complainant/ Insp. Robin Tyagi, and informed him that one Ses Ram/Applicant is involved in supplying 'Charas' in Delhi and other States and is likely travel to Mumbai on that day by Train Number 11058 from Subzi Mandi Railway Station with 'Charas". He would be seated in Coach Number A-1, Seat Number 41, , which was scheduled to reach Subzi Mandi Railway Station at around 8:00 PM. If surveillance is maintained near Coach A-1 at Subzi Mandi Railway Station, he can be apprehended with the contraband.
(3.) At 6:15 PM, the information was presented to Inspector Mangesh Tyagi who informed ACP/ARSC Sh. Arvind Kumar, who then directed that a raiding party be formed and deployed for surveillance around the coach. Around 8:13 PM, the train arrived and they entered Coach A-1. The Applicant was found sitting on Seat No. 41 and he was apprehended and brought to the Platform.