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IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No.1247 OF 2024 (Arising out of SLP(Criminal) No. 230/2024)
NAEEM AHMED ALIAS NAIM AHMAD Appellant(s)
VERSUS
GOVT OF NCT OF DELHI Respondent(s)
O R D E R
1. Leave granted.
2. The appellant is aggrieved by the order dated
22nd December, 2023 passed by the High Court of Delhi
whereby, his prayer for grant of default bail in
connection with FIR.No.152/2022 registered at Police
Station Daryaganj under Sections 21, 29, 61 and 85 of
the Narcotic Drugs and Psychotropic Substances Act,
1985 (herein referred to as “the Act”), has been
turned down.
3. The prosecution case is that the appellant
along with the main accused (Arif Khan) and the other
co-accused were apprehended on 25th March, 2022 near
Mahavir Vatika and 340 gms of smack (morphine) was
recovered from their possession. The FIR was
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registered and consequently, the appellant was
arrested at the spot. Thereafter, charge-sheet was
filed on 17th September, 2022. The said charge-sheet
was not accompanied by any FSL/ Chemical examiner
report to certify that the substance recovered from
the appellant or his co-accused was a contraband
(smack).
4. The appellant accordingly applied for default
bail on the ground that the charge-sheet was
incomplete.
5. His prayer, as noticed at t...