TMI Blog2021 (4) TMI 1216X X X X Extracts X X X X X X X X Extracts X X X X ..... urse of trial. The allegations against the petitioner are that of dealing with the commercial quantity of the contraband and therefore, rigors of Section 37 NDPS Act are applicable. In the present case, there is nothing before this Court to believe that the petitioner/accused is not guilty or he would not commit the offence once granted bail. It is also pertinent to mention that the statements recorded U/s 67 of the NDPS Act are not exculpatory - no ground for bail is made out, the bail application is, therefore, dismissed. - BAIL APPLN. 2129/2018 - - - Dated:- 20-4-2021 - HON'BLE MR. JUSTICE RAJNISH BHATNAGAR Petitioner: Mr. Adarsh Priyadarshi, Advocate. Respondent: Mr. Yatharth Singh, Advocate. ORDER RAJNIS ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... . 1 who claimed herself to be the wife of the petitioner. He further submitted that the accused is in J.C. since 26.07.2015. It is further submitted by the counsel for the petitioner that the petitioner has no concern with co-accused, so any recovery alleged to have been effected from her at her instance cannot be attributed to the petitioner. He further submitted that the petitioner is not in conspiracy with co-accused. It is further submitted by the Ld. counsel for the petitioner that notice U/s 50 of the NDPS Act is a defective notice which in itself vitiate the entire proceedings. It is further submitted by the counsel for the petitioner that the prosecution cannot be allowed to count the weight of Heroin recovered from the co-accused a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tioner also tendered his voluntary statement U/s 67 of the NDPS Act and disclosed that the parcels were booked at his instance. It is further submitted by the Ld. counsel for the respondent that the presumption U/s 35 and 54 NDPS Act are also attracted against the petitioner/accused. He further submitted that the petitioner is a foreign national and there is every possibility of his evading the trial. He further submitted that the recovered substance is 670 grams of Heroin which is a commercial quantity. It is further submitted by the Ld. counsel for the respondent that the petitioner was standing outside the post office waiting for the co-accused to come out and both were living as husband and wife which is evident from the statement of th ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
