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2019 Supreme(Del) 1750

SUNIL GAUR
Ramesh Kumar – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates Appeared:
For the Appellant :Mr. Amit Sharma, Mr. Abhir Datt & Mr. Aditya Bhardwaj, Advocates.
For the Respondent:Mr. B.S. Arora, Advocate.

ORDER :

1. Petitioner seeks bail in Complaint Case No. VIII/31/DZU/17, registered by Narcotics Control Bureau (NCB), under Sections 8(c), 20 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the ‘NDPS Act’) while claiming to be innocent.

2. Learned counsel for petitioner submits that Narcotic Control Bureau (NCB) arrested father of petitioner and by exercising undue pressure on petitioner, his statement under Section 67 of NDPS Act has been recorded, which in any case does not incriminate petitioner. It is submitted that there is nothing on record to show that petitioner had connived with his co-accused in transportation of 6.2kg of charas, which was recovered from co-accused Rafiq. It is further submitted that bank balance of petitioner by itself is not sufficient to falsely implicate him in this case. Lastly, it is submitted that petitioner is a teenager and has clean antecedents and his detention in jail is of more than one year.

3. Learned counsel for petitioner further submits that petitioner’s co-accused Gaurav has been granted bail by the trial court vide order of 27th August, 2018 by observing that accused Gaurav is not connected with reco

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