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TMI Blog2021 (2) TMI 813X X X X Extracts X X X X X X X X Extracts X X X X ..... on the basis of a secret information received on 05.10.2020, a team was constituted by SI Sushil Kumar and raid was conducted at Village Mukhmelpur, Cut Mukhmelpur, Hiranki, Burari Pusta which resulted in the apprehension of two persons Israil & Rafiq (present petitioner) who were approaching Delhi in a Mahindra Pick UP bearing No. DL 1CX 6566. Notice U/s 50 of the NDPS Act was issued to both of them. Information regarding apprehension of the said persons was shared with ACP/SOS-II who reached at the spot and in his presence the search was carried out. During physical search of accused Rafiq @ Fikku (present petitioner), contraband (Charas) weighing 555 grams was recovered from his right pocket of Jeans paint while during the search of Isr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d he relied upon State of Rajasthan Vs. Jagraj Singh 2016 (11) SCC 687. 6. On the other hand, Ld. APP for the State has opposed the bail application by contending that the petitioner and his co-accused under a well hatched conspiracy have brought the contraband to Delhi and he further submitted that the co-accused Israil has criminal antecedents and FIR U/s 20 of the NDPS Act had been registered against him on 29.09.2018 and another FIR U/s 21 of the NDPS Act had been registered against him on 12.06.2019 and he is a habitual offender. He further submitted that co-accused Israil being a habitual offender knows how to manipulate things and for this reason he and his co-accused split the contraband into two so as to come out of the rigors of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... betment or in pursuance of such criminal conspiracy, and notwithstanding anything contained in section 116 of the Indian Penal Code (45 of 1860), be punishable with the punishment provided for the offence. (2) A person abets, or is a party to a criminal conspiracy to commit, an offence, within the meaning of this section, who, in India abets or is a party to the criminal conspiracy to the commission of any act in a place without and beyond India which- (a) would constitute an offence if committed within India; or (b) under the laws of such place, is an offence relating to narcotic drugs or psychotropic substances having all the legal conditions required to constitute it such an offence the same as or analogous to the legal conditions ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed is not guilty and that he is not likely to commit any offence on bail, are satisfied. The Supreme Court observed in paras 6 and 7 as under: "6. It is to be borne in mind that the aforesaid legislative mandate is required to be adhered and followed. It should be borne in mind that in murder case, accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instruments in causing death or in inflicting death blow to number of innocent young victims, who are vulnerable; it causes deleterious effects and deadly impact on the society; they are hazard to the society; even if they are released temporarily, in all probability, they would continue their nefarious activities of trafficking and/or dealin ..... X X X X Extracts X X X X X X X X Extracts X X X X
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