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2022 Supreme(Del) 65

MUKTA GUPTA
Gaurav Mendiratta – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Mr. Sumit Sharma.
For the Respondent: Mr. Rajesh Manchanda.

JUDGMENT :

MUKTA GUPTA, J.

1. By this petition, the petitioner seeks bail in Sessions Case No. 335/2019 under Sections 22 and 29 of the NDPS Act instituted on the complaint of the respondent.

2. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in the present case. Co-accused Mohan Kumar and Birpal have already been granted regular bail by this Court vide orders dated 23rd March 2020 and 6th August 2020 respectively, hence, the petitioner is also entitled to be released on bail. While granting bail to Mohan Kumar and Birpal, this Court noted that there is no recovery from the said accused and the only evidence against them is the statement under Section 67 of the NDPS Act. While granting bail to Mohan Kumar, this Court did not rely upon the prosecution version that the parcel originated from Agra in view of the consignment slip marked as Annexure-5 on Page 70 of the charge sheet which showed the address of the courier company i.e. Apex Courier at Mahipalpur, Delhi. Further, there is no mention of any consignment slip in the seizure memo or the panchnama in the main charge sheet. The Court also noted the difference in the colour and weight of t

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