CHHALIMUDDIN Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) The present application under Sec. 483 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been filed by the petitioner/applicant, seeking Regular Bail in FIR No.93/2024 registered at Police Station Rajouri Garden for the offences punishable under Sec. 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

(2.) The case of the prosecution would reveal that on 2/2/2024, SI Rajender Prasad, posted at the Narcotics Squad/West District, Delhi, received secret information through an informer that a person named Khokan Burman, along with an associate, would be supplying Ganja in Woodland Park in Tagore Garden between 9:00 and 10:00pm. SI Prasad then informed Inspector Ishwar Singh I/C Narcotics Squad at around 8:30 pm, who then called SI Prasad back and intimated him that the said information was relayed to the ACP, who has instructed him to take appropriate action. A raiding party was then constituted and the raiding party, along with the informer, reached the spot where the petitioner was to be apprehended.

(3.) SI Prasad provided the secret information to four public persons; however, they all left the spot without providing their names or addresses, citing their own legitimate compulsions. At around 9:40pm, two suspects, one carrying a black bag in both his hands and the other carrying a grey bag on his back and holding a red bag in his right hand came towards Tagore Garden from the Subash Nagar side. The informer then recognized one of the two suspects, Khokan Burman, and on such information being given, the raiding party apprehended the two suspects. The two suspects were then identified, the one with the black bags in both the hands being Khokan Burman, and the other with the carrying a grey bag on his back and holding a red bag in his right hand being the petitioner/applicant herein.