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2021 (5) TMI 673 - HC - Indian LawsGrant of Bail - drug trafficking - narcotic drugs - rebuttal of presumption - offence punishable under Section 8 read with Section 22 and Section 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 - HELD THAT:- It is apparent that applicant-Dheeraj was arrested on 7.12.2020 along with 20 grams of MDMA narcotic drugs (the commercial quantity of which is more than 10 grams) when he was sitting in an XUV along with co-accused Sohan @ Jojo, who was driving the vehicle. It is also found that so far as applicant-Adnan Khan is concerned, his name is mentioned by applicant Dheeraj in his memo prepared under Section 27 of the Evidence Act, and so far as applicant Abdul Hannan Khan is concerned, his name is mentioned by the applicant Adnan Khan in his memo prepared under Section 27 of the Evidence Act. The case diary also reveals that there have been a number of bank transactions between applicant-Adnan Khan and applicant-Abdul Hannan Khan and that is not all, from the account of applicant- Hannan Khan certain amounts have also been credited in the account of the applicant-Dheeraj. Apart from that, there is equally bulky Whatsapp chatting record of the applicants which prima facie indicates their nexus with in committing the offence under the NDPS Act - considering the fact that due to the fresh spread of COVID-19, since the trial courts have also stopped working and it appears that the said situation would last longer than expected, this Court finds it expedient at present to allow the present bail application for a temporary period of six months. Accordingly, the application is allowed partially and the applicants are released on bail for a period of six months from the date of their release. The bail applications stand partially allowed.
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