SHIV LAL AHIR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present application is filed seeking regular bail in FIR No. 288/2019 dtd. 28/9/2019, registered at Police Station Crime Branch for offences under Ss. 15/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act')

(2.) Briefly stated, on 28/9/2019, on the basis of a secret information in relation to supply of doda post by the applicant in his truck number RJ-27-GC-0063 to one Satender @ Chotu having godown in Bakoli, Delhi, a raid was conducted and the applicant along with co-accused Hem Raj and Satender @ Chotu were apprehended. It is alleged that from the search of the truck bearing no. RJ-27-GC-0063, 15 plastic bags (containing 14 kg doda post in each bag) was recovered. It is alleged that a recovery of 14 plastic bags (containing 14 kg doda post in each bag) was effected. It is further alleged that another 35 poly pack packets (containing 350/360 grams of doda post each) were recovered from the godown. During the search of the godown, two grinding machines, 1 weighing machine, 1 sewing machine for the bags was also found which was allegedly used by co-accused Satender @ Chotu for grinding and converting the doda post into powder form.

(3.) During the course of the investigation, the accused persons including the applicant were arrested on 29/9/2019. It is alleged that their disclosure statements were recorded and the Swift Dzire Car bearing no. DL-12 CC-2574 used by the co-accused Satender@Chotu, one bag containing 1240 polypack packing, one packing machine, cash amount of Rs.50,000.00, documents related to 65 Plastic rolls and the key of the godown were also found and seized. It is the case of the prosecution that a recovery of a total quantity of 418.250 kg of doda post was effected from the applicant and his associates which is a commercial quantity.