SANJAY Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) This is a petition filed under Sec. 439 of Code of Criminal Procedure ('CrPC') seeking regular bail in FIR bearing No. 788/22 dtd. 6/11/2022 under Sec. 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') PS Okhla Industrial Area, South-East, New Delhi.

(2.) As per the prosecution, a secret information was received on 6/11/2022 at around 08:00 AM that one person i.e. the petitioner herein would come to Okhla Industrial Area at around 12:00 PM to supply smack/heroine, if a raid is conducted then he can be apprehended with the contraband. After the verifying the secret information, SI passed the information to Inspector Rajinder Singh IUC Anti-Narcotic Squad and ACP/Operation Sh Satpal Panwar over telephone. On the directions of the ACP, the SI recorded the said information in DD No. 3 at 9:20 AM. A raiding team was constituted, and it took position near Okhla Phase-2 at around 10:45 AM. The SI introduced the raiding team to 4-5 passers-by requesting them to join as independent witnesses, but all of them denied citing justified compulsion.

(3.) It is further stated that at around 11:35 AM, a person wearing grey colored jeans and light pink colored t-shirt (identified by the secret informer) was apprehended and upon strict interrogation the name of the person apprehended was found to be Sanjay s/o Kailash r/o jhuggi no. D-240, Block A, J.J Camp, Okhla Industrial Area, Phase ' 2, Delhi, Aged ' 24 years (the petitioner herein). The passers-by who gathered there were informed about the information and asked to join the investigation, refused to join the same by citing their own justified compulsions. The SI then informed Inspector Rajender Singh over phone about the apprehended person, who spoke to ACP/OPS and ordered to take appropriate action. Thereafter, the petitioner was apprised about the secret information and was told about his personal search.