Final Order 5

Order Details: COPY OF ORDER
Pdf Text: Bail matter No. 385/2025
State versus Shahid Khan son of Sh. Sabir Khan
First Information Report No. 76/2025
Police Station Crime Branch
Under Section 21 NDPS Act
05.06.2025
Pr: Sh. Ramesh Bajiya, Ld. Addl. PP for the State.
Sh. U.A.Khan, ld. Counsel for the applicant/accused Sohail.
Arguments have already been heard.
It is stated that as per the case of prosecution, on 26.03.2025, one secret
informer came to the office of Crime Branch Chanakya Puri and informed that
one person namely Sohail, resident of Badaun, UP would come at Anand Vihar
to supply the heroin to someone. Thereafter, informer was produced before the
Inspector as per the prescribed procedure/law and raiding team was constituted.
At around 8 pm, one person was pointed out by the secret informer as Sohail
and he was apprehended. After following the prescribed procedure, on his
personal search 100 gms each of the contraband was recovered. It is further
stated that during the course of furrther investigation on 29.03.2025,
applicant/accused was apprehedned from his house and alleged recovery of 50
gms was shown to be recovered from his possession. It is stated that the said
recovery falls much below the commercial quantity and as of now investigation
has already been completed and no useful purpose would be served to keep the
accused behind the bar. It is stated that the applicant has been falsely
implicated in the present case and applicant does not know Sohail. It is further
stated that false call detail records were created just to implicate the
applicant/accused. It is therefore, prayed that accused may be enlarged on bail.
Ld. Counsel for the applicant/accused has relied upon the judgments
titled as
Chukwnemika vs. State Bail application no. 387/2018, Rekha v. State ,
Nazma @ Lajawab Begum, State vs. Umesh Gautam, State v. Jishan and State
vs. Nazir Khan. All these judgments have been perused vis a vis facts of the
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case.
Relevant judgments and records have been perused very carefully.
Apart from reiterating the contents of case, Investigating Officer in his
reply specifically stated that the applicant/accused was in touch with other
accused persons. It is also stated that the investigation qua the suspect Sajid
Khan @ Govinda and Zakir is still pending as they are still at large. Ld. Addl.
PP has vehemently opposed the bail application submitting that the allegations
involved in the present are serious in nature.
Keeping, in view the submissions, of ld. Counsel for the
applicant/accused and the fact that chargesheet has already been filed in the
present case as investigation is complete and as such there is no requirement of
custodial interrogation of the applicant/accused. There is no previous criminal
history of the applicant or say accused has clean antecedents. Further, the
quantity recovered from the applicant/accused is much below the range of
commercial quantity as specified in the NDPS Act.
Accordingly, applicant/ accused Mohd. Shahid is admitted to bail on
furnishing of PB & SB in sum of Rs. 50,000/- each subject to the following
conditions:-
The surety should be local resident of Delhi. The accused is
directed to inform the IO regarding his mobile phone number and address as
well as any change in the same. The accused shall not contact, influence or
coerce any witness/ person connected with the present case. The accused shall
also not indulge in any kind of offence after being released from jail.
Bail application stands disposed off.
Order dasti.
(Manu Vedwan)
ASJ-02/Special Judge (NDPS)
East/KKD/Delhi/05.06.2025
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