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2021 (6) TMI 35 - HC - Indian LawsSeeking grant of Regular Bail - case of petitioner is that prayer for interim bail is a typographical error and the petition be treated as one for regular bail for which notice was issued by this Court - Smuggling - dealing in Contraband or not - HELD THAT:- In the present case, accepting the statement of the public witness and the witnesses of NCB the petitioner only gave money from his pocket. The petitioner neither received the contraband nor was the contraband handed over to him. On the contraband being handed over to the co-accused Sukhwinder Singh he directed the petitioner to pay the money which he paid. At no point of time was the petitioner in the conscious possession of the contraband. Even as regards the charge of conspiracy the prosecution is required to show that the petitioner had knowledge that the money was being handed over for the purpose of purchasing the contraband. Further it is not even the case of the prosecution that the money belonged to the petitioner and the case of the prosecution is also that the petitioner was merely the driver of the car owned by Sukhwinder Singh. Considering the role assigned to the petitioner and the fact that the petitioner has no previous involvements and the trial is likely to take some time, this Court deems it fit to grant regular bail to the petitioner. It is, therefore, directed that the petitioner be released on bail, subject to conditions imposed - petition allowed.
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