DELHI HIGH COURT
ANOOP KUMAR MENDIRATTA
Bipin Bihari Lenka – Appellant
Versus
Narcotic Control Bureau – Respondent
| Table of Content |
|---|
| 1. factual basis for narcotic offense (Para 1 , 2 , 3) |
| 2. arguments for and against bail application (Para 5 , 6) |
| 3. court's analysis of evidentiary standards (Para 7 , 8 , 9) |
| 4. evaluation of sampling process legitimacy (Para 10 , 11 , 12 , 13) |
| 5. decision to deny bail in narcotic cases (Para 14) |
ORDER
Anoop Kumar Mendiratta, J.
1. This is an application under Section 439 of Cr.P.C. filed on behalf of the petitioner seeking regular bail in Complaint No.VIII/18/DZU/2020, SC No.: 160/2020, under Sections 8/20/29 of NDPS Act.
2. In brief, as per the case of prosecution, on 25.02.2020, around 3:30 A.M., a truck with registration No.AP16TB8577 being escorted by two cars, namely, Eco Sport & Swift Dzire was intercepted by the NCB team on secret information near Sarita Vihar Metro Station, Delhi. Upon questioning, the truck driver introduced himself as Bipin Bihari Lenka, the petitioner in the present application. Other persons were identified as Mayadhar Behra and Achuta Pradhan (Khalasi). The persons sitting in Swift Dzire were identified as Arjun Pahadi with driver and those in Eco Sport as Virender Tanwar and Sunil Behra with driver. On questioning, they revealed that
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