TMI Blog2021 (6) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... ossession 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 im ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cution on the asking of the owner of the vehicle the petitioner gave the packet of cash which was lying in the car. Version of the so-called prosecution witnesses that the petitioner gave cash from his pocket is unbelievable. The rigours of Section 37 are not applicable as there is no reasonable ground to believe that the petitioner is guilty of the offence. Statement of the public witness Deepak Duggal cannot be relied upon as the same was recorded on 15th June, 2020 though the alleged recovery was made on 29th January, 2020. Further no reliance can also be placed on the statement of this witness for the reason admittedly the apprehension took place after 10.30 PM on a winter night and from a distance the transaction would not be visible t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ar the present petitioner and one Nicholas Nzube Ukaegbu as the three accused. Case of the respondent/NCB is that on 29th January, 2020 the intelligent officer received a secret information that two persons will be coming near Big Park, Village Amrahi, Sector-19, Dwarka, Delhi in a Swift Desire car bearing No.HR-24T-7247 for purchase of heroine from a Nigerian. It was informed that the said two persons indulge in drug trafficking and huge quantity of narcotic drug may be recovered from their possession. The said information was reduced in writing and put up before the Superintendent, NCB who on perusal marked it to the Investigating Officer who constituted a team and carried out the raid. The raiding party along with the seal of NCB and oth ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... amounting to ₹ 1.40 lakhs which were was kept in an envelope. Besides one Itel Mobile Phone was also recovered which was also taken into possession. Personal search of the petitioner was also conducted however, nothing incriminating was recovered. On the personal search of Sukhwinder Singh, one polythene packet was recovered from his coat which contained white coloured cylindrical shape capsules substance and one cut piece of same type of cylindrical capsule. On being asked Sukhwinder Singh disclosed that the recovered substance was heroine which was given to him by Nicholas. A small quantity of the same was tested with the help of drugfield test kit which gave positive result for heroine. Thereafter the remaining capsules were also t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... only role attributed to him is that on the asking of Sukhwinder Singh he handed over the money from his pocket. In Dilbagh Singh (supra) this Court was dealing with the case where the contraband was transferred to a Tata Indica Car which reached the spot and was being driven by the petitioner therein. A person namely Kouassi Nguessan Williams was in the rear seat of the said Tata Indica car which was parked at the spot wherein the contraband was transferred from the other car which reached the spot. Considering the fact that Dilbagh Singh in the said case was only driving the vehicle the Court came to the conclusion that he could not be said to be in conscious possession of the contraband as the occupant of the other car Opel Corsa in the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 on his furnishing a personal bond in the sum of ₹ 50,000/- with one surety bond of the like amount, subject to the satisfaction of the learned Trial Court/Duty Magistrate, further subject to the condition that the petitioner will not leave the country without prior permission of the concerned court and in case of change of mobile phone number and/or residential address, the same will be intimated to the Court concerned by way of an affidavit. 9. Petition is disposed of. 10. Order be uploaded on the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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