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2021 Supreme(Del) 866

SUBRAMONIUM PRASAD
Sonia Shamrao Naik Gaonkar – Appellant
Versus
Narcotic Control Bureau – Respondent


Advocates appeared:
Mr. Raghav Sharma, Ms. Mitali Gupta, Mr. Salvador Santosh Rebello, and Ms. Anukriti Dua, Advocate, for the Appellant; Mr. Ajay Digpaul, CGSC with Mr. Kamal R Digpaul, Advocate, for the Respondent.

JUDGMENT

Subramonium Prasad, J. - The present petition is filed under Section 439 Cr.P.C praying for regular bail in Sessions Case No. 267/ 2018 before the Special Judge, NDPS, Patiala House Court for offences under Section 8, 21, 27A, 29 NDPS Act.

2. Before delving into the bail application, it is necessary to briefly lay down the factual summation of the prosecution's case, they are stated as hereinunder-:

    a) Briefly put the story of the prosecution is that on 22.02.2018, Intelligence Officer Pradeep Singh received secret tip that the Petitioner, travelling by Train from Hazrat Nizamuddin Station, Delhi to Mumbai, was carrying illegal contraband in her baggage. This information was reduced to writing and a teamwas assembled headed by Anand Kumar, I.O. left for Hazrat Nizamudidn Railway Station.

    b) At the Railway Station, two lady constables Suman Lata and Sudesh Kumari agreed to join the team as independent witnesses. At the designated time of boarding, the Petitioner was seen & identified by the NCB officials and stopped by them and asked questions about her trip and destination. The Petitioner introduced herself as Sonia Naik, showed them her rail ticket and identification card.

    c)

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