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2021 Supreme(Del) 2214

SUBRAMONIUM PRASAD
Edwin Emeka Igbokwe – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Adarsh Priyadarshi, Advocate, Saurabh Verma, Advocate, Puneet Ahuja, Advocate, Subhash Bansal, Advocate, Shashwat Bansal, Advocate

JUDGMENT

Subramonium Prasad, J. - This application under Section 439 CrPC read with Section 37 of the Narcotics Drugs & Psychotropic Substances Act ( in short 'NDPS Act') is filed by the petitioner seeking regular bail in complaint case No.SC/225/2017 titled as NCB v. Ikechukwu Chukwubuikem Stanley & Ors. pending in the Court of Special Judge, NDPS Act, Patiala House.

2. The petitioner had filed a bail application before the learned Special Judge NDPS, who by order dated 16.12.2020 had rejected the bail application of the petitioner. The petitioner is in judicial custody since 30.01.2017.

3. Shorn of details, the facts leading to this bail application are as follows:

    a) On 28.01.2017, Investigating Officer Sh. Rajeev Sehrawat received a secret information that one parcel booked under Airway Bill No.5112788656 is lying with DHL Express Pvt. Ltd. Courier Company 71/3, Rama Road, Delhi which has been booked for Spain and the same might be containing narcotics. The information was reduced into writing and was put up before the Superintendant NCB who directed for further action as per law.

      b) A team was constituted for search and seizure proceedings and after completing the necessary formal

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