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TMI Blog2021 (8) TMI 1177X X X X Extracts X X X X X X X X Extracts X X X X ..... alsely implicated in case No. VIII/28/DZU/2018 of the respondent. Being a refugee there is no likelihood that the petitioner can flee this country. The petitioner is in custody since 27th September, 2018 and the trial is likely to take a lot of time. No recovery has been made from the petitioner and thus no case is made out against the petitioner. Even on the personal search and search of the house of the petitioner nothing incriminating was recovered. 3. Learned counsel for the petitioner contends that the only evidence linking the petitioner to the contraband recovered is the statement recorded under Section 67 of the NDPS Act by the officer of the respondent which in view of the decision of the Hon'ble Supreme Court in Toofan Singh Vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eputed and Erbil Han was intercepted, however nothing was recovered from his personal search. When his red colour trolley bag was opened it was found full of tablets which were kept in bundles of 10 strips and bound with rubber band. One of the strips was taken out and examined. It contained Tramadol Hydrochloride tablet with manufacturing date of July 2017 and expiry date of June 2020. In total 6500 strips with each strip containing 10 tablets were recovered. One strip weighed around 4 grams. Thereafter, two samples of two strips each containing 10 tablets were taken out and put in a zip lock pouch which was then kept in a white colour envelope separately and marked as 'A-1' and 'A- 2'. Remaining tablets were put inside the same red colour ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... mmediately served with summons under Section 67 of the NDPS Act and directed to appear in the office of the respondent to tender his voluntary statement. It is the case of the respondent that the petitioner came in car bearing registration No. DL-1CL-5189. Petitioner's residence was also searched, however nothing incriminating was recovered. The petitioner was taken into custody on 26th September, 2018 and on 27th September, 2018 he was produced before the Sessions Judge who sent him to Police custody till 29th September, 2018. On 1st November, 2018 the third accused Arjun Elawadi who allegedly supplied and manufactured the banned substance Tramadol Hydrochloride was served with the notice and in his statement he stated that the said drugs ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ncriminating evidence in the form of photographs of weighing of trolley bags, photos of weighing of tablets, photos of recovered trolley bags, photos of Erbil Han counting cash, photo of hotel card, etc. were recovered which connect the petitioner with the illegal trafficking of Tramadol tablet and exporting thereof in violation of the provisions of the NDPS Act. Besides the CCTV footages, statement of hotel manager of Indira International Hotel was also recorded. 9. As held by the Hon'ble Supreme Court in Toofan Singh (supra) the statement recorded by the respondent under Section 67 of the NDPS Act can be used limited to the extent permissible under Section 27 of the Indian Evidence Act. However, at noted above, pursuant to the statement ..... X X X X Extracts X X X X X X X X Extracts X X X X
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