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2022 Supreme(Del) 650

PRATEEK JALAN
Ejike Jonas Orji – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Adarsh Priyadarshi, Advocate.
For the Respondent:Mr. Subhash Bansal, Senior Standing Counsel for NCB with Mr. Shashwat Bansal, Advocate.

JUDGMENT :

1. By way of this application under Section 439 of the Code of Criminal Procedure, 1973 [hereinafter, “CrPC”], the applicant seeks bail in connection with Sessions Case No. 9080/2016, registered by the Narcotics Control Bureau, Delhi Zonal Unit, Government of India [hereinafter, “NCB”], under Sections 8(c), 20, 21, 22 and 23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [hereinafter, “the Act”]. The applicant is facing trial in the aforesaid case before the Court of the learned Special Judge, NDPS Act, Patiala House Courts, New Delhi [hereinafter, “the Special Court”].

Factual background

2. The prosecution case against the applicant may be summarized as follows :

    A. A secret information was received by the NCB on 26.05.2014 to the effect that a parcel lying at DHL Express Pvt. India Ltd. 40 Okhla Estate, New Delhi, was suspected to contain narcotic substances. The information revealed that the parcel had been booked from ANS Express Services Pvt. Ltd. 413 Sant Nagar, East of Kailash, New Delhi under AWB No. 5546780993, with Liberia (Africa) as the destination.

B. An NCB team reached the DHL office at 2:30 PM on 26.05.2014. In the presence of two independent witn

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