MONU Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 (Cr.P.C.), seeking the grant of Regular Bail in FIR No. 14/2022 (subject FIR) dtd. 17/2/2022, for the offences punishable under Ss. 21, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) registered at the Police Station Crime Branch (North-West), Delhi. Case of the Prosecution:

(2.) On 15/2/2022, Constable Ravi Kumar received secret information regarding the petitioner, namely, Monu @ Rickey @ Sandeep, a resident of C-348, Balbir Nagar, Aman Vihar, Delhi, aged approximately 40 years, to be engaged in the supply of Heroin from his residence, where a significant quantity of the same was allegedly stored. Acting upon this intelligence, Constable Ravi Kumar relayed the information to the Sub-Inspector (SI) Vishan, who recorded it under Sec. 42 of the NDPS Act vide DD No. 0052A dtd. 15/2/2022. Subsequently, Inspector (Insp.) Rakesh Duhan was informed, who further apprised Mayank Bansal, Assistant Commissioner of Police (ACP)/Narcotics Cell.

(3.) Upon being satisfied with the information, ACP Mayank Bansal issued a search warrant under Sec. 41(2) of the NDPS Act, authorizing SI Vishan to conduct a search of the petitioner's premises. A raiding team was constituted, but upon reaching the location, they found the house locked, rendering the execution of the search warrant unfeasible. Consequently, the team returned without conducting the search.