Full Text
HIGH COURT OF DELHI
Date of Decision: 08.05.2025
NAJRUL@KUTI .....Petitioner
Through: Mr. Suraj Prakash Sharma, Advocate.
Through: Ms. Richa Dhawan, APP for State
Industrial Area
JUDGMENT
1. Learned APP files status report, which is accepted across the board, to be scanned and made part of the record.
2. The accused/applicant seeks regular bail in case FIR No.853/2024 of PS Narela Industrial Area for offence under Section 21/29 NDPS Act. Broadly speaking, the allegation against the accused/applicant is recovery of
9.69 grams of heroin, which falls under the category of intermediate quantity. Apart from this, learned APP submits that there is also telephonic connectivity between the accused/applicant and the supplier Saddam of the GIRISH KATHPALIA Date: 2025.05.08 18:08:43 +05'30' contraband but till date, neither the CDRs nor the CAF have been taken on record of the investigation.
3. It is submitted by the IO/SI Dinesh Kumar that he intends to file the CDRs and CAF with the supplementary chargesheet. But the supplementary chargesheet would pertain to other accused persons while against the present accused/applicant, chargesheet has already been filed. Learned APP submits that the IO has applied for certified copies of CDRs and CAF but the same are awaited. But on being called upon to at least show the letter written by the IO to the concerned authorities for supply of CDRs and/or CAF, the IO states that he cannot show any such letter, though he has shown me the Case Diary dated 07.09.2024, which records that he sent the requisition letter to the DCP concerned. Thereafter, there is no material as to what happened to that letter.
4. Learned counsel for accused/applicant submits that accused/applicant is in custody since September, 2024 and investigation concerning him already stands concluded.
5. Further, as fairly admitted by learned APP, the accused/applicant is not involved in any other case under NDPS Act.
6. Considering the above circumstances, I find no reason to deprive the accused/applicant his liberty any further. The application is allowed. The accused/applicant be released on bail subject to his furnishing a personal Date: 2025.05.08 18:08:26 +05'30' bond in the sum of Rs.10,000/- with one surety in the like amount to the satisfaction of the trial court. Pending application stands disposed of.
7. A copy of this order be immediately transmitted to the concerned Jail Superintendent for informing the petitioner. (JUDGE) MAY 8, 2025