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2022 Supreme(Del) 1470

CHANDRA DHARI SINGH
Muhsin Ali – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Sameer Rohatgi, Advocate, Manohar Malik, Advocate, Subhash Bansal, Advocate, Shashwat Bansal, Advocate

JUDGMENT

Chandra Dhari Singh, J. - The present petition has been preferred under Section 439 of the Code of Criminal Procedure, 1973 (hereafter, 'Code') for seeking regular bail in FIR bearing No. VII/41/DZU/2021 registered under Sections 8(C), 21(C), 23 and 29 of Narcotics, Drugs and Psychotropic Substances act (hereafter, 'NDPS act') registered with Narcotics Control Bureau, Delhi.

2. The factual matrix in the instant case, as submitted by the prosecution, is as under:

    a) On 27th august 2020, the Narcotics Control Bureau (hereinafter 'NCB') directed Mr. Chetan Sharma, Investigating Officer, for carrying out controlled delivery operation of parcels bearing airway Bill No. 1735174092 and PPa32016193974 lying at the Cargo Terminal, IGI airport, New Delhi. accordingly, on 1st September 2020, search operation was conducted, and the investigating team seized 970 grams of heroin and collected samples of substance found in parcels bearing airway Bill No. PPa32016193974 (hereinafter 'impugned parcel');

    b) The investigating team conducted a controlled delivery of subject parcel, which was received by another co-accused namely Wahid ali. On 2nd September 2020, Wahid ali was arrested and his s

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