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2022 Supreme(Del) 1229

ANU MALHOTRA
Arun Kumar Goyay – Appellant
Versus
Narcotics Control Burea – Respondent


Advocates appeared:
Vikas Pahwa, Advocate, Nishant Singh, Advocate, Raavi Sharma, Advocate, Subhash Bansal, Advocate, Shashwat Bansal, Advocate

JUDGMENT

anu Malhotra, J. - The applicant vide the present application seeks the grant of bail in relation to SC No. 244/2021 under Sections 8, 22(c), 23 & 29 of the NDPS act, 1985, submitting to the effect that he has been falsely implicated in the instant case and has been incarcerated since 5.4.2021 with it having been submitted on behalf of the applicant that there has been no recovery of any contraband from the applicant nor at his behest. Inter alia, it is submitted on behalf of the applicant that even the alleged recovery of 80.673 kg of Tramadol tablets from the residence of one Bablu at Bahadurpur, agra, U.P., cannot be attributed to the applicant. It is further submitted on behalf of the applicant that the chemical examination report in relation to the said Tramadol tablets has also not been placed on record by the Investigating agency and that thus in the absence of a complete investigation report having been filed in terms of Section 173(8) of the Cr.P.C., 1973, the applicant was entitled to be released on default bail in terms of Section 167(2) of the Cr.P.C., 1973.




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