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2023 Supreme(Del) 3486

SWARANA KANTA SHARMA
Soleto Justniano Fernando Tito – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Mr. Adarsh Priyadarshi, Ms. Varnika Singh, Advocates, for the Petitioner.
Mr. Subhash Bansal, Senior Standing Counsel with Mr. Shashwat Bansal, Advocate, for the Respondent.

JUDGMENT

Swarana Kanta Sharma, J. (Oral)--By way of instant application under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the applicant seeks regular bail in case bearing No. VIII/19/DZU/2017 registered at Police Station Narcotics Control Bureau under Sections 21/23/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act').

2. The case of the prosecution, in brief, is that based on an information received, the applicant/accused, a citizen of Bolivia, who had arrived via flight No. ET-686 STA, was intercepted on 13.05.2017 near the Gate at Terminal 3 of Indira Gandhi International Airport. Upon enquiry, the applicant had disclosed that he had concealed capsules of cocaine inside his stomach which could be recovered with medical help. Thereafter, 50 capsules weighing 500 grams, containing white-coloured powder identified as cocaine, were recovered from the stomach of applicant at Safdurjang hospital, New Delhi from 13.05.2017 to 15.05.2017. As per prosecution, the applicant/accused in his statement under Section 67 NDPS Act had disclosed that the contraband was given to him by his cousin to deliver in India and that he had initially swallowed 80 cap

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