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

JUDGEMENT

(1.) The present petition under Sec. 482 read with Sec. 439(2) of the Code of Criminal Procedure, 1973, has been filed assailing the order dtd. 20/11/2023 passed by the Court of the Additional Sessions Judge, Special Judge (NDPS), Patiala House Courts, New Delhi, whereby bail was granted to the respondent in Sessions Case No. 409/2019 arising out of FIR No. 40/2019 registered under Ss. 21/29/61/85 of the NDPS Act at PS Special Cell.

(2.) Briefly stated the facts of the matter according to the charge sheet it is that on 13/3/2019, the Special Cell received secret information that accused Amit/Respondent and Ankush were trafficking heroin on the directions of Mukesh and were to deliver a consignment near Veer Apartments, Rohini. A raiding team was constituted and, after making efforts to include public witnesses, both accused were apprehended at the spot in a Hyundai Xcent car. After informing them of their rights under Sec. 50 of the NDPS Act and obtaining refusals in writing, a search was conducted. Two kilograms of heroin were recovered from the bag of Ankush and another two kilograms from beneath the driver's seat of the car. Both were arrested, their disclosure statements recorded, and the car along with their mobile phones were seized.

(3.) Further investigation led to the arrest of Mukesh the same night near Max Hospital, Haiderpur, following disclosures made by Amit and Ankush. Although no drugs were recovered from Mukesh personally, his role in the drug operation was confirmed, and he was arrested after proper compliance with legal procedures. Voice call interceptions between the accused and their associates were analysed, and relevant incriminating calls were extracted, transcribed, and seized as evidence. Mobile phone data, vehicle ownership documents, and reports under Sec. 57 NDPS Act were duly prepared and submitted. The heroin samples were sent to FSL, and permission for voice sampling of the accused was obtained from the court.