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High Court of DelhiBAIL APPLN./2730/2024

Tarun @ Ranjan v. The State NCT Of Delhi

2024-08-02Hon'Ble Mr. Justice Anup Jairam Bhambhani2 pages

$~209 * IN THE HIGH COURT OF DELHI AT NEW DELHI + BAIL APPLN. 2730/2024 TARUN @ RANJAN .....Petitioner Through:

Mr. Amjad Khan, Mr. Sumit Kumar and Mr. Mohd. Nasir, Advocates.

versus THE STATE NCT OF DELHI .....Respondent Through:

Ms. Shubhi Gupta, APP for the State with SI Om Prakash, ANTF, Crime Branch.

CORAM:

HON'BLE MR. JUSTICE ANUP JAIRAM BHAMBHANI

O R D E R

% 02.08.2024 CRL.M.A. 22810/2024 (exemption) Exemption granted, subject to just exceptions. Let requisite compliances be made within 01 week. The application stands disposed of.

BAIL APPLN. 2730/2024 By way of the present petition filed under section 482 read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 ('BNSS'), the petitioner seeks anticipatory bail in case FIR No.69/2024 dated 30.03.2024 registered under sections 21/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

At the outset, Ms. Shubhi Gupta, learned APP appearing for the State submits that a proclamation under section 82 of the Code of Criminal Procedure, 1973 was executed against the petitioner and vide order dated BAIL APPLN. 2730/2024 Page 1 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 02:28:23

18.07.2024, the learned Special Judge has declared him a proclaimed offender.

Learned APP further informs the court that as per police records, the petitioner is a member of a drug syndicate and is a registered 'bad character' of the area. The court is also informed that in this case a commercial quantity of heroine was recovered from the accused. As per the mandate of the Supreme Court's in Srikant Upadhyay & Ors. vs. State of Bihar & Anr.1, a petition for anticipatory bail is ordinarily not maintainable once a person is a 'proclaimed offender'. The petition is accordingly dismissed.

ANUP JAIRAM BHAMBHANI, J AUGUST 2, 2024/ak 1 [2024] 3 S.C.R. 421 BAIL APPLN. 2730/2024 Page 2 of 2 The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 02:28:23