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2021 Supreme(Del) 483

SUBRAMONIUM PRASAD
In The Matter Of: Madan Lama – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Mr. Rahul Dev Tyagi, Advocate.
For the Respondent: Mr. Subhash Bansal, SPP for NCB

JUDGMENT :

SUBRAMONIUM PRASAD, J.

1. This is a petition under Section 439 CrPC for grant of regular bail in Sessions Case No. 46/2021 registered at Narcotics Control Bureau for offences under Sections 8, 20(b) and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (for short the "NDPS Act").

2. The facts in brief leading to the bail application are as follows:

    a) On 18.12.2020, a secret information was received that one Nepali national of small built wearing yellow coloured clothes will be coming near Gate No.1 Metro Station East of Kailash, New Delhi between 6:00-7:00 p.m. and that he might be carrying some narcotic drugs for the purpose of delivery to his client. The said information was reduced into writing.

b) After completing necessary formalities, a team was formed to intercept the said person who, according to the secret informer, was carrying narcotics. The team reached the place as informed by the secret informer. It is stated that the team tried to join independent witnesses but no one joined. When the team was waiting near Gate No.1 of the metro station it was observed that one person wearing yellow coloured sweat shirt whose description was matching with the secret i

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