SONU Vs. STATE (GOVT. OF NCT OF DELHI)

JUDGEMENT

(1.) The present Bail Application has been filed under Sec. 483 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS') on behalf of the Petitioner/Applicant seeking grant of Regular Bail in connection with FIR No. 206/2023 dtd. 22/8/2023 ('subject FIR') registered at the Police Station Crime Branch, Delhi for offences punishable under Sec. 15, 18, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) The present case arises from the information received by the Crime Branch, Delhi on 22/8/2023, at about 07.15 AM, wherein an informant disclosed that one individual, namely, Pappu was involved in smuggling of Opium Doda (Poppy Straw) into Delhi. It was alleged that the said contraband was transported through parcel services of the Indian Railways and further distributed to smugglers across different parts of the City. The informant disclosed that on the same day i.e. 22/8/2023, Pappu would be collecting a consignment, containing the said contraband, from the Parcel Branch of Old Delhi Railway Station and would thereafter, transport it through a Tempo via Kodia Pul.

(3.) Acting upon the said intelligence, the Investigating Officer informed the Senior Officers and constituted a Raiding Team. A trap was, subsequently, laid near Kodia Pul, and at around 12:10 PM, on the signal of the informant, two Tempos bearing no. (1) DL-1-LU-9094 and (2) DL-1-LU-9784 were intercepted. Pappu was found seated with one Chand, Driver of the first vehicle, while the Petitioner was driving the other Tempo. Upon search by the Raiding Team, substantial quantity of contraband, Opium Doda, was recovered from both the vehicles and the accused persons, Pappu, Chand and the Petitioner, were apprehended on the spot. The Petitioner is stated to be in judicial custody since his arrest.