1. The present appeal is filed challenging the order dated
01.06.2023 (hereafter ‘impugned order’), passed by the learned
Additional Sessions Judge (‘ASJ’), New Delhi District, Patiala House
Courts, Delhi, whereby the respondent was admitted on bail in FIR
No. 16/2018 dated 12.02.2018, registered by Special Cell, for the
offences under Sections 3/4 of the Maharashtra Control of Organised
Crime Act, 1999 (‘MCOCA’).
2. The brief facts of the case are that on the basis of secret
information, on 23.07.2017, a raid was conducted and the co-accused
Rajesh Kumar was apprehended with 3 Kg of Heroin, which led to
registration of FIR No. 51/2017 by Police Station Special Cell. At the
time of apprehension, co-accused Rajesh Kumar was travelling in a
car that was registered in the name of co-accused Deepak (kingpin),
who is allegedly a notorious criminal with 20 involvements under the
Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).
During investigation, co-accused Rajesh Kumar allegedly disclosed
that he used to supply Heroin to co-accused Deepak and the
respondent in Delhi. Co-accused Rajesh Kumar also allegedly
disclosed about the involvement of co-accused Babu. On 24.07.2017,
co-accused Deepak and the respondent were apprehended and a
recovery of 2 Kg and 100g of Heroin was recovered from them
respectively. Co-accused Babu was apprehended from his rented
accommodation on 24.10.2017 and 200g of Heroin was recovered at
his instance. The association of co-accused Sajan, who is the brother
of co-accused Deepak, was allegedly disclosed by the arrested accused
persons.