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TMI Blog2021 (6) TMI 300X X X X Extracts X X X X X X X X Extracts X X X X ..... mber, 2020 however, he was arrested only at 11.45 AM on 18th December, 2020 when the arrest memo was prepared. Thus the petitioner was kept in illegal custody all this time and documents created. Despite the fact there was no information given to the family by mobile phone or even through a messenger, the arrest memo notes the thumb mark of the wife of the petitioner in Column No.10. No DD entry has been recorded to show how the signatures of the wife of the petitioner had been obtained on the arrest memo. Though the apprehension is at 8.10 PM on 17th December, 2020, the FIR was lodged only at 6.36 AM on 18th December, 2020 with the alleged contraband being in possession of the raiding team all this time. Further the case of the investigati ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... soever prior to this case. Further the alleged recovery from the petitioner is also of intermediate quantity and hence the rigours of Section 37 NDPS Act are not applicable. 3. Learned APP for the State on the other hand contends that the site plan was prepared when SI Arvind along with the Investigating Officer went to the spot. The allegations that the petitioner was picked up from the house and falsely implicated are baseless. The CDR of the petitioner shows his connection with the co-accused. Search of the co-accused was taken by the woman constable in the presence of the ACP and SI Arvind who constituted the raiding team. Sections 41 and 42 of the NDPS Act stand complied with and hence no case is made out for grant of bail to the peti ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... g her search, one transparent polythene containing light brown colour powder tied with rubber band was recovered from her right hand. The light brown colour powder on testing with the field testing kit was found to be heroin. The said polythene was tied with rubber band and marked as 'A' and it weighed 150 grams. The recovered transparent polythene was kept in a rectangular plastic box and converted into a parcel with the help of adhesive tape and marked as Parcel-B and sealed with the seal of 'AK' which seal was then handed over to ASI Sudhir Kumar. Thereafter on the directions of the ACP personal search of Gul Babu @ Pappu was conducted by SI Arvind Kumar and from his hand one black colour polythene was recovered which contained four pack ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ation, the petitioner disclosed that the said contraband was recovered from his relative Jamal @ Maqbool resident of Mata Sundri Road, who is evading arrest. Two mobile phones were recovered from the petitioner, one registered in the name of the petitioner and the other provided by Jamal @ Maqbool which was registered in the name of one P. Shankar. One mobile phone was recovered from Praveen which was in the name of Mohammad Atiullah who was relative of Praveen. The call detail records of Gul Babu and Praveen showed that both knew each other and were in contact with each other and their locations showed that they were present at the spot just before the apprehension at about 8.00 PM on 17th December, 2020. 8. The transaction of sale of nar ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Crime Branch which is located at Pushp Vihar in the morning at 5:00 a.m. on 18th December, 2020, whereafter, the FIR was registered at 6:36 hours on 18th December, 2020. 10. Once the accused were apprehended, kept in custody throughout the night, FIR registered in the morning at Police Station Crime Branch at Pushp Vihar, one fails to understand why the formal arrest was made at 11:45 a.m. as is evident from the Arrest Memo. Further, the Arrest Memo notes in Column No.2 "his wife being informed", as also has the right thumb impression of Begum, the wife of the petitioner. This Court had called for the case diaries wherein it is noted that the Investigating Officer SI Abdul Barkat, who was handed over the investigation at 9.00 A.M. arreste ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... NDPS Act. Considering the facts noted above particularly the belated arrest of the petitioner, this Court deems it fit to grant bail to the petitioner. 12. Consequently, the petitioner is directed to be released on bail on his furnishing personal bond in sum of Rs.50,000/- with one surety of the like amount subject to the satisfaction of the learned trial Court/duty Magistrate, further subject to the condition that the petitioner will not leave NCT of Delhi without the prior permission of the court concerned and in case of change of residential address and/or the mobile phone number, the same will be intimated to the Court concerned by way of an affidavit. 13. Petition is accordingly disposed off. 14. Police file alongwith Case Diaries ..... X X X X Extracts X X X X X X X X Extracts X X X X
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