PULKIT RASTOGI Vs. STATE
LAWS(DLH)-2020-2-9
HIGH COURT OF DELHI
Decided on February 28,2020

Pulkit Rastogi Appellant
VERSUS
STATE Respondents


Referred Judgements :-

BASHEER ALIAS N P BASHEER VS. STATE OF KERALA [REFERRED TO]


JUDGEMENT

- (1.)This is an application filed under Section 439 Cr.P.C on behalf of the applicant/petitioner for grant of regular bail in case FIR No. 349/19 dated 09.06.2019 under Sections 33/38/58 Delhi Excise Act and 20/21/29 NDPS Act, registered at Police Station Mehrauli, New Delhi.
(2.)In brief the facts as alleged by the prosecution are that on 09.06.2019 a raid was conducted by the ACP/Excise Intelligence Bureau alongwith his team at Dhan Mill, 100 Foota Road, Chhattarpur. During the raid, raiding party recovered huge amount of liquor, cash around Rs. 4.04 Lakh. During the personal search of the petitioner by ACP/EIB, 17 dark brown colour small balls from the right pocket of his trouser in a plastic transparent polythene were recovered and 20 pink colour tablet form his left pocket of his trouser in a transparent polythene was also recovered. The same was tested with the Narcotic Field Testing Kit and were confirmed as Charas and morphine.
(3.)On interrogation, the petitioner disclosed that the main organizer of the party was Gaurav Mavi who had provided him the above said tablets to sell at the start of the party. It is alleged that co-accused Gaurav Mavi also instructed the petitioner to collect more charas and morphine tablets from him. ACP/EIB alongwith the petitioner went in the parking area where a Land Cruiser bearing No. DL-1CT-4678 belonging to co-accused Gaurav Mavi and a Honda City Car of the petitioner were found parked. It is alleged that from the boot of Honda City 12 bottles of Absolute Vodka alongwith one small silver colour and one big sky blue colour weighing machine were recovered. ACP/EIB informed the local police who came at the spot and the articles produced by ACP/EIB were seized vide seizure memo and sealed with the seal of YD and the present FIR U/s 33/38/58 Delhi Excise Act and 20/21 NDPS Act was registered. The morphine tablets were weighed and the same was found to be 6.2 grams approximately.


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.