JAGANNATH Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) By this application filed under section 439 of the Code of Criminal Procedure, 1973, the petitioner seeks grant of regular bail in FIR No. 28/2016 dated 24.05.2016 registered at Police Station - Special Cell under Section 18/29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as 'NDPS Act').

(2.) The case of the prosecution as also observed by the Special Judge NDPS, Patiala House Courts, is that:

(3.) Mr. Nitin Joshi, learned counsel for the petitioner contended that the petitioner is innocent and has been falsely implicated by the officials of Police Station Special Cell (NR); that the petitioner was arrested after having planted the contraband on him; that the SHO Police Station - Kathaiya, who participated in the raid categorically admitted that no contraband was recovered from the possession of the arrestee; that the mandatory notice dated 20.06.2016 served to the petitioner under Section 50 of the NDPS Act does bear any signatures of the witnesses; that the Inspector In charge of the local police station was the senior most police official present in the raid and thus his absence as a witness to the mandatory notice casts serious doubt on its authenticity; that there are no signatures of any independent witnesses except the officials of Delhi Police Special Cell (NR) on the disclosure statement, recovery memo, arrest memo and personal search memo.