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2021 Supreme(Del) 385

SUBRAMONIUM PRASAD
In The Matter Of: Allah Noor – Appellant
Versus
Narcotic Control Bureau – Respondent


Advocate Appeared:
For the Appellant :Mr. C. Mohan Rao, Sr. Advocate with Mr. Anuj Kumar Ranjan and Mr. Lokesh Kumar Sharma, Advocates
For the Appellant :Mr. Subhash Bansal, Sr. Standing Counsel for NCB with Mr. Shashwat Bansal, Advocate

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This petition under Section 439 Cr.P.C is for grant of bail to the petitioner in Case No. VIII/32/DZU/2019 registered at Narcotics Control Bureau, R.K. Puram, Delhi for offences under Sections 8(A)/21(C)/23(C)/29 of the NDPS Act.

2. The facts, in brief, leading to the filing of the instant petition are as under:

    a) It is the case of the prosecution that on 17.08.2019, at about 11:30 AM, secret information was received that one person namely Noorzai Gul Amin is arriving by Ariana Airlines Flight No. FG-311 at Terminal-3, I.G.I Airport. He has swallowed narcotic drugs in the form of capsules. The said information was reduced into writing by the Investigating Officer. The note was put up before his superior officer. Accordingly, a team was formed to take necessary action. At the IGI Airport the said person was identified and intercepted. On enquiry Noorzai Gul Amin accepted that he had swallowed drug capsules. He was taken to Safdurjung Hospital, where the Doctor on duty confirmed about the presence of foreign body in the stomach of Noorzai Gul Amin. It is stated that the said Noorzai Gul Amin expelled 119 capsules through passage of stool on 20.08.201

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