PRADEEP KUMAR GUPTA Vs. STATE (NCT) OF DELHI

JUDGEMENT

(1.) By this petition filed under Section 438 read with section 482 of Cr. P.C., 1973 the petitioner is seeking bail in a case registered vide FIR No.0158 dated 14.09.2016 under Section 20/25/29 NDPS Act, at Police Station Crime Branch, Delhi.

(2.) The facts as enumerated in the status report filed on behalf of the State are that on 14.09.2016 a secret information was received in Narcotics Cell that a truck driver, carrying ganja in Truck No. UP 63J 9752 from Chhatishgarh and Odisha was coming to supply ganja near Pitampura, Delhi. The information was reduced in writing vide DD No.3 dated 14.09.2016, Narcotics Cell, Crime Branch, Delhi. Team was deployed near the identified spot. On the instance of the informer, two persons namely Amrik Singh ad Ram Kumar were apprehended. After complying with the mandatory provisions of NDPS Act, formal search of Amrik Singh and his truck was conducted and 425 Kgs Ganja was recovered in 17 plastic katte (bags) from his truck. From the search of Ram Kumar and his Maruti Eeco 75 Kgs ganja was recovered in 3 plastic katte. FIR was registered and all the accused persons were arrested, sample of contraband sent to FSL, Rohini, Delhi, result collected therefrom. The accused persons disclosed that the ganja was to be delivered to one Pradeep Jha (i.e. petitioner herein). On the identification of Ram Kumar, Pradeep Kumar was arrested. Accused Ram Kumar disclosed that the petitioner is a peddler of Ganja in Delhi.

(3.) It is further mentioned in the status report that during the investigation, the petitioner did not join the investigation. Nonbailable warrants were issued against him and thereafter proceedings under Section 82 Cr.P.C. were initiated vide order dated 22.12.2016 against him. The earlier anticipatory bail of the petitioner has already been dismissed vide order dated 20.12.2016 passed by learned Additional Sessions Judge. Now the petitioner has applied for anticipatory bail before this court.