Dismissed

Shailender v. State NCT of Delhi

Delhi HC6 Sept 2024BAIL APPLN./750/2024

Case brief

AI extract

What is this about?

The Delhi High Court dismissed a bail application under Sections 439 Cr.P.C. and 528 BNSS challenging the process of sampling under the NDPS Act. The bench held that no change in circumstances existed since a previous dismissal and the commercial quantity of heroin involved barred immediate bail.

What did the court decide?

Bail application dismissed on the ground of no change in circumstances and the bar under Section 37 of NDPS Act.

Shailender Vs State NCT of Delhi — Narcotics (NDPS) | Delhi HC (2024)

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$~64

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 750/2024

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SHAILENDER .....Petitioner

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Through: Mr. Prashant Chakravarty & Mr. Nitin Bansal, Advocates.

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versus STATE NCT OF DELHI .....Respondent Through: Mr. Sanjeev Bhandari, ASC with SI Shri Narayan, PS: Hauz Qazi and SI Arun Pal, PS: GTB Nagar.

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CORAM:

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HON'BLE MR. JUSTICE ANOOP KUMAR MENDIRATTA O R D E R % 06.09.2024

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CRL.M.A. 26942/2024

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An application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (‘BNSS’) has been preferred on behalf of the petitioner for early hearing.

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Issue notice. Learned APP for the State appears on advance notice and accepts notice.

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Allowed, BAIL APPLN. 750/2024 is taken up for hearing.

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Application accordingly stands disposed of.

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BAIL APPLN. 750/2024 & CRL.M.A. 26943/2024

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1. An application under Section 439 Cr.P.C. has been preferred on behalf of the petitioner for grant of regular bail in FIR No. 0007/2021, under Sections 21/61/85 of NDPS Act, registered at PS: Hauz Qazi, Delhi. Also, an application under Section 528 BNSS has been preferred on behalf of the

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BAIL APPLN. 750/2024

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Page 1 of 3

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 11/09/2024 at 12:32:21

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petitioner for placing additional grounds on record.

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2. In brief, as per the case of prosecution, a secret information was received, upon which petitioner was apprehended and 24 polythene packets of Heroin weighting 4 Kgs 800 gms were recovered from black colored bag carried by petitioner.

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3. Learned counsel for petitioner submits that in view of non-compliance of Section 52A of NDPS Act, petitioner is entitled to bail. He further points out that petitioner is in custody since 13.01.2021 and no prosecution witness has been examined till date.

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4. On the other hand, learned ASC for the State opposes the application and submits an earlier BAIL APPLN. 3508/2021, preferred on behalf of petitioner, was dismissed on merits vide detailed order dated 03.08.2022 by this Court. He emphasizes that there is no change of circumstances after dismissal of earlier application for bail and delay in conclusion of trial is not attributable to prosecution.

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It is also pointed out that a certificate under Section 52A NDPS Act was also given by the concerned Executive Magistrate, after seized property was produced, before the Executive Magistrate. It is urged that the contentions of the petitioner challenging the process for obtaining samples after mixing of the case property, were dealt by a detailed order passed by this Court on 03.08.2022, dealing with all the relevant authorities relied by the counsels.

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5. This Court is of the considered opinion that there is no change of circumstances after dismissal of earlier application by this Court and contentions of prejudice, if any, raised on behalf of the petitioner, can be appropriately looked into during the course of trial. The bar under Section 37

BAIL APPLN. 750/2024

Page 2 of 3

of NDPS Act cannot be ignored, considering the fact that 4 Kgs 800 gms of Heroin (commercial quantity) was recovered from the possession of petitioner.

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Considering the facts and circumstances of the case, no grounds for bail are made out at this stage. Application is accordingly dismissed. Pending applications, if any, also stand disposed of.

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Next date of hearing i.e. 04.10.2024, stands cancelled.

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ANOOP KUMAR MENDIRATTA, J.

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SEPTEMBER 6, 2024/ R

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BAIL APPLN. 750/2024

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Page 3 of 3

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Shailender v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

Shailender v. State NCT of Delhi

Case brief

What is this about?

What did the court decide?

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