TMI Blog2021 (8) TMI 1177X X X X Extracts X X X X X X X X Extracts X X X X ..... ring the fact that the petitioner is involved in trafficking of commercial quantity of contraband i.e. 50 kgs 800 gms and it cannot be said that there is no legally admissible evidence against the petitioner to show his complicity in the alleged offence, at this stage this Court finds no ground to grant bail to the petitioner. Petition dismissed. - BAIL APPLN. 1030/2021 - - - Dated:- 24-8-2021 - HON'BLE MS. JUSTICE MUKTA GUPTA Petitioner: Mr. Anoop Kumar Gupta, Adv. Respondent: Mr. Subhash Bansal, Sr Standing Counsel for NCB with Mr. Shashwat Bansal, Adv. ORDER 1. By this petition the petitioner seeks regular bail in Sessions Case No. 156/2019 under Sections 22/23/29 NDPS Act on a complaint filed by the respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ction 67 of the NDPS Act cannot be voluntary for the reason the petitioner neither understands Hindi nor English and admittedly no translator was made available to the petitioner at the time of recording of the statement. While granting regular bail to Arjun Elawadi, the learned Special Judge noted that the said applicant has not indulged in manufacture, sale or purchase of the contraband tablet after the notification dated 13th July, 2018 and since the drug has allegedly been manufactured and sold prior to the date of notification, no offence can be made out. 4. Case of the prosecution is that on 24th September, 2018 a secret information was received by NCB officer that a Turkish national, namely, Erbil Han aged about 27 years is depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... of a translator. He disclosed the name of the petitioner who allegedly gave him tablets on the night of 23rd September, 2018. Erbil Han had a photograph of the petitioner which he identified and put his signature thereon. Four guarantee cards were found in the bags which revealed that the bags were purchased from Shagoon Emporium, Arya Samaj Road, Karol Bagh from where inquiry was conducted about the purchase of the bag showing the guarantee cards. According to the said shop owner, the bags were purchased from his shop by the petitioner. The shop owner Mr. Arvind Birla was shown the photograph of the petitioner which he identified stating that the petitioner purchased the bag. Owner of the shop was asked to inform as and when the petitioner ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 19th March, 2019 when Arjun Elawadi was arrested, he stated that he had sold the contraband to Mohammad Al-Kamel. 7. A perusal of the complaint filed by the respondent reveals that after the voluntary statement of Erbil Han was recorded, the officers of the respondent reached Hotel Indira International and collected the CCTV footages thereof. As per the CCTV footages, the present petitioner is seen coming inside the hotel along with the two bags which were seized from Erbil Han. Erbil Han was helping the petitioner and both of them carried the bags inside the hotel. Further, the guarantee card recovered from the seized trolley bags also disclosed the name of the shop owner from where the two bags were purchased and the owner of the shop ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... counsel for the petitioner that no invoice, voucher, etc., of the sale of trolley bags were recovered would not be sufficient to discard the recovery of the guarantee cards which were found in the trolley bags and from which the petitioner could be traced. 11. Further, the petitioner cannot claim parity with Arjun Elawadi as the tablets were manufactured by M/s. Serve Pharmaceuticals run by Ugrasen, father of Arjun Elawadi, who sold to Imusi International run by Arjun Elawadi at Sarita Vihar, Delhi. According to the learned trial court manufacture and sale of the Tramadol tablet by Arjun Elawadi did not take place after the notification dated 13th July, 2018. 12. According to the petitioner when the matter was listed for framing of ch ..... X X X X Extracts X X X X X X X X Extracts X X X X
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