TMI Blog2021 (5) TMI 673X X X X Extracts X X X X X X X X Extracts X X X X ..... ection 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 16.01.2021 and 07.12.2020 respectively. 4. The allegation against the applicants is that they were involved in the aforesaid offences whereby 20 grams of MDMA. Narcotics Drug was seized from the applicant Dheeraj's trouser's right pocket, on 07.01.2021, on a tip given by an informant. At that time, Dheeraj was travelling along with one Sohan @ Jojo who was driving the XUV. The applicant Dheeraj in his statement given under Section 27 of the Evidence Act has named the present applicant Adnan as the person from whom he used to buy the said drug. After the arrest of applicant Adnan Khan on 16.01.2021, his memo under Section 27 of the Evidence Act was also prepared and in which he has stated that he has sold the MDMA Drug through v ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also completed his graduation in Bachelor of Business Administration and as such there is no question that he would be involved in the drug trafficking business. It is further submitted that the applicant Hannan has given some money to applicant Dheeraj but that was also a paltry sum only to meet his sundry expenses during the COVID-19 period as there was no regular income of the applicant Adnan. Whereas even according to the case of the prosecution the drug amounted to ₹ 80,000/- only whereas the transaction between the applicant and both the other co-accused persons is far less then the said amount. 6. It is further submitted that no drug was seized from the present applicant and merely if he has transferred certain amount to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... offence. Thus, he may be released on bail, as he is also implicated on the basis of a memo prepared under Section 27 of the Evidence Act. 9. So far as the applicant Dheeraj is concerned, Shri Anil Ojha, learned counsel for the applicant has submitted that 20 grams of MDMA drug has been seized from the joint possession of the applicant Dheeraj and co-accused Sohan @Jojo, and thus it should be apportioned equally between the applicant and the co-accused Sohan @ Jojo which would be 10 grams each of MDMA presumed to be recovered from each of the accused persons , which is just below the commercial quantity, as the commercial quantity of the said drug is above 10 grams. In support of his contentions, Shri Ojha has also relied upon the decisi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hich 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. 13. 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. A ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ths from the date of their release. 16. It is directed that the applicants be released on bail temporarily only for a period of six months on their furnishing a personal bond in the sum of ₹ 1,00,000/- (Rupees One lakh only) each with one surety each in the like amount to the satisfaction of the concerned JMFC/CJM with an undertaking that after the expiry of six months from the date of their release, they shall surrender before the trial court. Needless to say, if the applicants fails to surrender as aforesaid, they shall be arrested and be put to face the trial in accordance with the law. 17. The bail applications stand partially allowed to the aforesaid extent only. 18. Signed order be kept in M.Cr.C.No.13839/2021 and a cop ..... X X X X Extracts X X X X X X X X Extracts X X X X
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