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2023 Supreme(Del) 3785

VIKAS MAHAJAN
Chinedu Patrick – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates appeared:
Mr Vikas Gautam, Advocate, for the Petitioner.
Mr Utsav Singh Bains, SPP, for the NCB.

JUDGMENT

Vikas Mahajan, J. (Oral)--The present petition has been filed under Section 439 CrPC seeking regular bail in case titled as "Narcotics Control Bureau vs. Vinay Kumar Ray & Ors." bearing Sessions Case No.427/2019 under Sections 21(b), 22(c) and 29 NDPS Act pending adjudication in the Court of Shri Sudhir Kumar Sirohi, Special Judge-NDPS, Patiala House Court, New Delhi.

2. The case of the prosecution is that a parcel bearing Airway Bill No. 7571728953, destined to New Zealand, containing nebulizers was suspected to conceal narcotic drugs/psychotropic substances. Accordingly, the said parcel was intercepted at DHL Express, Rama Road, Kirti Nagar, New Delhi. Upon search of the parcel, it was revealed that the said parcel was bearing the name of Vinay Kumar Ray as the consignor and M/s Sarah Eaglestor as consignee. From the said parcel, 390 gms. of Amphetamine, a psychotropic substance, was recovered, which admittedly is a commercial quantity.

3. The learned counsel for the petitioner submits that the statement of co-accused Vinay Kumar Ray was recorded under Section 67 of the NDPS Act, wherein he disclosed that one lady, namely, Anjali Verma @ Dalini Singh had handed over the

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