Headnote
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The petitioner, Shabbir Ahmed Gojri, approached the Delhi High Court seeking regular bail in FIR No. 294/2020, registered at Police Station Special Cell, for offences under Section 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), arising from his arrest on 07.12.2020. The FIR alleged that the petitioner was one of five persons apprehended during a special operation by the Special Cell, Delhi, which was aimed at intercepting individuals allegedly linked to ISI-funded targeted killings facilitated through drug trafficking networks involving Hizbul Mujahiddin cadres and Khalistani extremist groups.
Upon arrest, a brownish yellow polythene packet suspected to contain narcotics was recovered from the petitioner's backpack. Field testing confirmed the substance to be heroin weighing 881 grams, constituting a commercial quantity under the NDPS Act. A charge-sheet was filed on 04.06.2021, and charges were framed against the petitioner under Sections 21 and 29 of the NDPS Act on 12.05.2022. Multiple bail applications filed by the petitioner had been rejected, with the last rejection on 21.05.2024.
The petitioner contended that the case was false and concocted, and raised the right to speedy trial as a ground for bail. The State opposed the bail application citing the serious nature of the offence involving commercial quantity of heroin and the alleged nexus with terror-financing networks. The Court considered the submissions and relevant statutory provisions under the NDPS Act governing grant of bail in cases involving commercial quantities of contraband.
Catchwords:
bail
NDPS Act
heroin
commercial quantity
narcotic drugs
special cell
ISI
terror financing
drug trafficking
Hizbul Mujahiddin
Khalistani extremism
speedy trial
charge-sheet
FSL report
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Full Judgment Text
```json
{
"title": "Shabbir Ahmed Gojri vs State Of Nct Delhi Through Sho Special Cell New Delhi",
"case_number": "BAIL APPLN. 2011/2024",
"side": "criminal",
"date_of_judgment": "2024-07-16",
"bench": "Subramonium Prasad",
"reportable": false,
"parties_petitioner": "Shabbir Ahmed Gojri",
"parties_respondent": "State of NCT Delhi Through SHO Special Cell New Delhi",
"result": "other",
"headnote": "The petitioner, Shabbir Ahmed Gojri, approached the Delhi High Court seeking regular bail in FIR No. 294/2020, registered at Police Station Special Cell, for offences under Sectio
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