PAHALMAN BUDHA MAGAR Vs. STATE NCT OF DELHI

JUDGEMENT

(1.) By virtue of the present bail application under Sec. 483 read with Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), the applicant/ accused/ Khali Daa/ Pahalman Budha Magar "applicant" seeks grant of regular bail in proceedings arising from FIR No.266/2023 dtd. 19/10/2023 filed under Sec. (s) 20/25/29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985, (NDPS Act) registered at PS.: Special Cell, Delhi.

(2.) As per facts, on 19/10/2023, upon the concerned ASI having received an intimation qua smuggling of Charas/ Harish "Charas" from Nepal being supplying to major cities including Delhi/ N.C.R., pursuant to information one Mr. Suddhi was found at Paper Market, Gazipur, Delhi at 01:15 P.M., and after due legal compliance, the concerned officials searched the said Mr. Suddhi. Although nothing was found on his person, however, upon interrogation, a total quantity of 32.230 Kgs of Charas was found and seized from the artificial cavities of his car Maruti Swift [UP 32 DP 4234]. The said Charas was sealed as per legal requirements and FIR No.266/2023 dtd. 19/10/2023 under Sec. (s) 20/25 of the NDPS Act was registered against him.

(3.) On 20/10/2023, a police remand for further investigation was granted by the learned Additional Sessions Judge, Special Judge NDPS Act, Patiala House Courts Delhi, New Delhi "learned Trial Court", wherein, the said Mr. Suddhi disclosed that he had delivered 50 Kgs Charas in Delhi on instructions of Mr. Umesh Yadav, Mr. Sahil and Mr. Sajid to the applicant around thirty days before, and that he was residing near Deer Park, Safdarjung, New Delhi. Acting thereon, a raid was conducted on 20/10/2023 around 06:50 P.M. at Arjun Nagar, Safdarjung Enclave, and the applicant, a Nepal national, was apprehended therefrom. Upon enquiry, it was found that the remaining Charas was stored in his rented premises being I-55, 5th floor, Arjun Nagar, Safdarjung Development Area, Delhi, wherefrom two suitcases containing a total quantity of 29.055 Kgs Charas, Rs.1,68,000.00 cash, packing material and an electronic weighing machine were recovered, which were seized and sealed as per legal procedure and thereafter, the applicant was arrest vide Arrest Memo dtd. 20/10/2023. Thence, the learned Trial Court, vide order dtd. 21/10/2023 granted police remand for five days for further interrogation.