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TMI Blog2021 (6) TMI 35X X X X Extracts X X X X X X X X Extracts X X X X ..... stated that the 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. 3. Learned counsel for the petitioner contends that the petitioner was only a driver of the vehicle and had no connection whatsoever with the transaction or with the person who was involved in the transaction. No recovery whatsoever has been made from the petitioner. The fact that the petitioner was not involved in the offence is evident from the fact that the main accused tried to run away on apprehension but the petitioner did not try to run away. Petitioner has no criminal history and no previous conviction. The petitioner was not aware as to what was there in the packet and for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Standing Counsel for the respondent/NCB states that the petitioner is a co-conspirator and active participant in the offence as he had come to the place of the incident in the car along with the main accused who purchased the narcotic drug and the money was in the pocket of the petitioner which on the instructions of the main accused was given by the petitioner to Nicolas. Besides the members of the raiding team, statement of the public witness Deepak Duggal has been recorded in this regard. Further the petitioner had come along with the main accused and hence it cannot be said that he had no knowledge of the purchase of the contraband. Material witnesses are yet to be examined, hence no bail be granted to the petitioner. 5. The above not ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cket was handed over to the second occupant of the car by the said African person. The African person and the occupant of the car were encircled by the NCB team and the secret information was disclosed to them. The person who came on the scooty tried to run away by injuring the Investigating Officer by biting him however, he was overpowered with the help of the other team members. On inquiry the name and identity of the car occupants were found to be Rajender Kumar, the car driver, that is, the petitioner herein, and Sukhwinder Singh the other occupant of the car and Nicholas who came on the scooty. Notice under Section 50 NDPS Act was served and three of them were apprised of their legal rights whereafter the personal search of Nicholas wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... was recorded under Section 67 NDPS Act who stated that he used to purchase heroine from African nationals in Delhi and sell the same in Sirsa region. He had come to Delhi in his car and after reaching Delhi he made a phone call to Nicholas who asked him to come at the spot with heroine. When Nicholas reached the spot on his scooty he handed over the polythene containing heroine to Sukhwinder Singh and Rajender Kumar made payment to the said accused. 6. As noted above, the car was owned by Sukhwinder Singh, the heroine was also taken from and found firstly in possession of Nicholas and then in possession of Sukhwinder Singh. Even as per the prosecution, the petitioner is the driver of the vehicle. To bring the petitioner within the ambit o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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. It is thus in the performance of his duty when the employer asked the petitioner to make the payment kept in his pocket that he handed over the payment to the African national and that too before the contraband was given to Sukhwinder Singh. Charge against the petitioner has already been framed. The petitioner is in custody since 30th January, 2020 and the trial is likely to take some time. The petitioner has no other invo ..... X X X X Extracts X X X X X X X X Extracts X X X X
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