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2022 Supreme(Del) 428

ANOOP KUMAR MENDIRATTA
Bipin Bihari Lenka – Appellant
Versus
Narcotic Control Bureau – Respondent


Advocate Appeared:
For the Appellant :Ms. Sushma Sharma, Mr. Girish Kr. Sharma, Mr. Karan Verma & Ms. Shreya Bhardwaj, Advocates.
For the Respondent:Mr. Subhash Bansal, Sr. Standing Counsel with Mr. Shashwat Bansal, Advocate.

JUDGMENT :

Anoop Kumar Mendiratta, J.

1. This is an application under Section 439 of Cr.P.C. filed on behalf of the petitioner seeking regular bail in Complaint No. VIII/18/DZU/2020, SC No. : 160/2020, under Sections 8/20/29 of NDPS Act.

2. In brief, as per the case of prosecution, on 25.02.2020, around 3:30 A.M., a truck with registration No. AP16TB8577 being escorted by two cars, namely, Eco Sport & Swift Dzire was intercepted by the NCB team on secret information near Sarita Vihar Metro Station, Delhi. Upon questioning, the truck driver introduced himself as Bipin Bihari Lenka, the petitioner in the present application. Other persons were identified as Mayadhar Behra and Achuta Pradhan (Khalasi). The persons sitting in Swift Dzire were identified as Arjun Pahadi with driver and those in Eco Sport as Virender Tanwar and Sunil Behra with driver. On questioning, they revealed that contraband (Ganja) was concealed in a cavity behind the cabin of the truck. Mayadhar with the help of Achuta Pradhan opened the secret door of the cavity with the help of plier and packets wrapped in brown tape were recovered. Mayadhar and Arjun Pahadi confirmed that Ganja is packed inside the brown packets.

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