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2021 Supreme(Del) 2199

SURESH KUMAR KAIT
Mohit Aggarwal – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Ramesh Gupta, Advocate, S.P. Singh Rathore, Advocate, Shailendera Singh, Advocate, Rajesh Manchanda, Advocate, Rajat Manchanda, Advocate

JUDGMENT

Suresh Kumar Kait, J. - In case SC No. SC/1334/2020, titled as NCB Vs. Gaurav Aggarwal & Ors, petitioner is facing trial for the offences under Sections 8/22 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985. Petitioner was arrested by the officials of Narcotic Control Bureau ("NCB") on 11.01.2020 and is in judicial custody since 11.01.2020. Vide present petition, petitioner is seeking bail while claiming to be innocent and of having been falsely implicated in the present case.

2. The present petition has been filed on the ground that petitioner is a law abiding citizen and is running business in the name of Madhav Pharma for sale, purchase and transport of various medicines while holding valid drug license under Form 20B & 21B of Drugs & Cosmetics Act, 1945. Petitioner has pleaded that he has maintained all records complying with all the terms and conditions of the license. Petitioner has further pleaded that no contraband was recovered from his possession and he has been falsely implicated in this case.

3. The crux of the prosecution case, as per complaint dated 09.01.2020, is that upon receipt of secret information by Chetan Sharma, Intelligence Officer (IO) tha

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