Santosh & Anr v. The State of Delhi

1. Thepresent petition is filed under Section 438 of Code of Criminal Procedure, 1973 (hereinafter referred to as 'Cr.P.C.') read with Section 482 of Cr.P.C, wherein the petitioners seek grant of anticipatory bail in FIR no. 951 of 2017 under Section 21 of Narcotic Drugs and Psychotropic Substances Act,, 1985 (hereinafter referred to as'NDPS') at Police Station, Mahgol Puri.

2. The brief facts of the case are that, on 03.07.2017, one Shashi Kapoor, uncle of petitioner No. 1, was apprehended by the police with 8 grams of smack on which FIR under Section 21 of the NDPS act was registered against him. Upon investigation, he disclosed that it was the petitioners (husband and wife), who used to supply smack to him, which he then used to sell ftirther. In the light of above stated facts, the petitioners have moved this petition before this court in apprehension oftheir arrest.

3. The learned counsel for the petitioners contends that, the petitioners had filed a complaint, on 17.03.2017, with the concerned authorities against the police officials of the Police Station, Mangol Puri alleging molestation and. usage of abusive language and, thus, the subsequent FIR registered against the petitioners is a result of retribution;

4. On the other hand, the learned APP relying upon the status report filed in the present case, submits that numerous complaints have been received by the police officials from the residents of the locality and social workers alleging illegal sale of smack from the premises of the petitioners. He further submits that the,petitioner no. 2 is involved in many other cases. He further contends that the complaint filed by the petitioners against the police officials was investigated upon a:nd the same was found to be false and baseless..

5. I have heard the learned counsel for the parties and perused the material available on record.

6. The allegations made against the petitioners that they are into the business of supplying smack for the purpose of further selling of smack to general public, are of serious nature. Currently, the investigation is at a preliminary stage and thus, a thorough interrogation of the petitioners by the police officials is absolutely necessary. The numerous complaints, copies of which are attached with the status report, filed by the residents and the social workers from the locality, alleging that the illegal activity of sale of drugs is taking place from the premises of the petitioners, further warrant their custodial interrogation. Furthermore, the petitioner no. 2, BAIL APPLN 1508/2017, Page2of[3] V prima facie, seems to be involved in various other cases according to the Previous Conviction Report filed by the police. 7..Needless to say, the menace of drug problem has to be uprooted from the society and in view of the above circumstances, the relief of anticipatory bail is denied.

8. Consequently, thebail application stands d^issed.