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2023 Supreme(Del) 4492

RAJNISH BHATNAGAR
Emmanuel William – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Mr. Amit Dwivedi, Mr. Adarsh Priyadarshi, Mr. Gaurav Arya and Mr. Sachin Tanwar, Advocates, for the Petitioner.
Mr. Subhash Bansal, Senior Standing Counsel with Mr. Shashwat Bansal, Advocate, for the Respondent.

ORDER

Rajnish Bhatnagar, J. This is a petition filed by the petitioner under Section 439 Cr.P.C. seeking regular bail in case being SC No.67/2021 registered under Section 21C/23/29 NDPS Act.

2. The factual matrix in the present case is that on 27.08.2020, 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 01.09.2020, 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"). It is further stated that the investigating team conducted a controlled delivery of subject parcel, which was received by another co-accused namely Wahid Ali.

3. On 02.09.2020, Wahid Ali was arrested and his statement under Section 67 NDPS Act was recorded. During inquiry, various incriminating documents were found in his phone including images of invoice pertaining to parcel bearing no. AWBY Y0032216496 containing drugs (hereinafter "s

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