TMI Blog2021 (11) TMI 890X X X X Extracts X X X X X X X X Extracts X X X X ..... om his possession. During investigation, mobile phone of the petitioner and other co-accused persons were examined and it was found that they were in constant touch with each other. Manner in which the samples were drawn was as per law or not - it is contended that the sample were not taken from each packet and this is totally a violation of law in drawing the sample of drugs - while issuing notice U/s 50 of the NDPS Act the mandatory provisions of Section 50 NDPS Act have been followed or not - HELD THAT:- Both the contentions are liable to be rejected as they relate to violation of the procedural aspects which can only be looked into during the course of trial and cannot be deeply analyzed at the stage of bail. Applicability of e ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... osed that he came to Delhi along with his brother Nagary and stayed at hotel Venus, Mahipalpur, Delhi and on 09.01.2019, Nagary asked him to go to INA market to collect the suitcase and thereafter petitioner collected the suitcase of Pseudoephedrine from Chinedu and Kelvin (petitioner) was supposed to hand over this suitcase to Nagary at Tanzania. On 18.02.2019 accused Nagary was also intercepted at Mumbai airport on the basis of LOC. Accused Nagary also accepted his guilt. The mobile phones of accused persons were examined and it was revealed that they were in touch with others and shows that they were the members of international drug syndicate and involved in drug trafficking. 4. I have heard the Ld. counsel for the petitioner, Ld. co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as Amani Fidel Chris Vs. Narcotics Control Bureau. (b) Ram Narayan Vs. State 2005 [2] JCC [Narcotics] 170. (c) Sujit Tiwari Vs. State of Gujarat and another 2020 (1) Crimes 141 (SC). 8. On the other hand, it is submitted by the Ld. counsel for the respondent (NCB) that the allegations against the petitioner are grave and serious in nature. He further submitted that the bail of the co- accused has been dismissed by this court vide order dated 24.11.2020. He further submitted that the petitioner is a part of drug syndicate dealing in drug trafficking and the petitioner is a foreigner and he may abscond, if released on bail. 9. Ld. counsel for the respondent (NCB) has relied upon the following judgments : (a) State of Gujrat Vs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sidering their factual situation and circumstances because a slight difference in the facts or additional facts makes a lot of difference in precedential value of a decision. 11. In the instant case, on 10.01.2019 a secret information was received and petitioner was intercepted at IGI airport while he was travelling to Dar-Es-Sallam via Doha and during search 24.5 Kg. of Pseudoephedrine was recovered from his bag. The petitioner during investigation tendered his voluntary statement U/s 67 NDPS Act and admitted the recovery. The petitioner was supposed to hand over the suit case containing Pseudoephedrine to his co-accused at Tanzania which was seized from his possession. During investigation, mobile phone of the petitioner and other co-a ..... X X X X Extracts X X X X X X X X Extracts X X X X
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