JUDGMENT :

1. By this petition the petitioner seeks regular bail in Sessions Case No. 156/2019 under Sections 22/23/29 NDPS Act on a complaint filed by the respondent/NCB.

2. Learned counsel for the petitioner contends that the petitioner is a 23 old, Syrian national staying in Delhi as refugee pursuant to the registration and verification by the UNHCR since 2015 and has been falsely 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. State of Tamil Nadu (2021) 4 SCC 1 is inadmissible in evidence and cannot