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2023 Supreme(Del) 4274

AMIT SHARMA
Gauri Shankar Jaiswal – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Mr. Naveen Panwar, Advocate, for the Petitioner (through VC).
Mr. Subhash Bansal, Senior Standing Counsel, for NCB with Mr. Raghav Bansal, Advocate, for the Respondent.

JUDGMENT

Amit Sharma, J.

1. The present application under Section 439 of CrPC seeks grant of regular bail in NCB File no. VIII/30/DZU/2018 under Sections 20/23 of NDPS Act, registered at PS NCB.

2. Briefly stated, the case of the prosecution is as below:

i. Upon receipt of information on 01.10.2018 that one parcel bearing Airway Bill No. 7578646180 booked for Hong Kong, and lying at the DHL Express Pvt Ltd is suspected of containing narcotic drugs, the said parcel was searched. Upon opening of the same, 10 copper flower pots were found with the total weight of three parcels being 63 kgs, i.e., 25+25+13 kgs. On further scrutiny, the copper flower pots were found to contain 40 (16 +16+ 8) dark brown coloured semi solid rectangle shaped pieces, which were identical in nature, color and smell and each piece on testing gave positive result for charas.

ii. The aforesaid contraband was seized in the presence of independent witnesses vide Panchnama dated 01.10.2018. It is pertinent to mention that the total quantity of contraband substance weighted 19.90 kgs of charas. It is pertinent to state that for the purpose of sampling, it was alleged that since all the recovered 40 pieces were of th

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