AMJAD ALI Vs. STATE (NCT OF DELHI)

JUDGEMENT

(1.) The present bail application has been filed by the petitioner seeking regular bail in FIR No. 141/2018 under Ss. 21/29/61/85 of the NDPS Act, 1985 registered at Police Station Special Cell (Lodhi Road), New Delhi.

(2.) Brief facts of the instant case are that on 30/11/2018, on receipt of secret information, SI Ravi Kumar was informed that one Salim and his associate Amjad both resident of Malda West Bengal, on the direction of one Uvesh, resident of Faridpur, Bareilly, U.P. procures heroin from Malda and supplies the same in Delhi and Uttar Pradesh.

(3.) During the course of arguments, learned counsel for the applicant Amjad Ali pointed out several discrepancies and irregularities in the statement of the witnesses and the procedure adopted for serving notice and seizure of alleged heroin. He also argued that the entire raid is fictitious. He argued that there is no conversation incriminating the present applicant. He also argued that no call of the present applicant was ever intercepted by the police. It was also argued that the accused is in custody for the last 3 ^ years however, only four witnesses have been examined yet out of 23 witnesses.