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2022 Supreme(HP) 264

AJAY MOHAN GOEL
Manoj Kumar, S/O Shri Sultan Singh – Appellant
Versus
Narcotics Control Bureau – Respondent


Advocates:
Advocate Appeared:
For the Appellant :SHRI N.S. CHANDEL, SHRI VINOD KUMAR GUPTA, ADVOCATE
For the Respondent:SHRI ASHWANI PATHAK, SHRI DEV RAJ, ADVOCATE)

ORDER :

By way of this petition filed under Section 439 of the Code of Criminal Procedure, the petitioner has prayed for grant of bail in NCB Crime No. 43/2021, dated 23.06.2021, registered under Sections 8, 20, 29 & 60 of the Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’) at Narcotic Control Bureau, Chandigarh Zonal Unit, Sector 25(W), Chandigarh.

2. Learned Senior Counsel for the petitioner has argued that the petitioner is innocent and he has been falsely implicated in the present case, allegedly on the basis of a statement, which has been made by one of the accused, from whose active possession, as per the respondent, the alleged contraband was recovered. Learned counsel has submitted that besides the statement of the main accused, recorded under Section 67 of the NDPS Act, there is no material available with the respondent, which connects the petitioner with the commission of offence alleged against him and in this view of the matter, the petitioner is entitled for bail, more so, in view of the law laid down by the Hon’ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu (2021) 4 Supreme Court Cases 1, in which, Hon’ble Supreme Cou

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