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2014 Supreme(All) 2862

ANIL KUMAR SHARMA
Sushant Gupta – Appellant
Versus
Union of India – Respondent


Advocates Appeared:
For the applicant : Amit Kumar Srivastava
For the opposite party : A.G.A. and Sanjay Kumar Singh.

JUDGMENT

Anil Kumar Sharma, J.: -

Applicant-Sushant Gupta seeks bail in Case Crime no. 57 of 2013 u/s 8/20/25/29 of N.D.P.S. Act, P. S. Custom Department, District Bareilly.

2. After exchange of affidavits arguments of parties' counsel have been heard at length and the record had been perused.

3. It has been argued by the learned counsel for applicant that the whole prosecution story is false, the applicant has not committed any offence and has been illegally implicated in the case; that the applicant had recently completed B.C.A. course and was preparing for competitive examinations, has never indulged in any illegal or criminal activities and has been booked in the case only because he is son of co-accused Rajesh Chandra Gupta. It has been contended that even if the prosecution story is taken as true then also it cannot be said that the applicant was having any knowledge of the charas being carried in the Bolero vehicle UK-50M/5586 and this fact is corroborated by their statements u/s 67 of the N.D.P.S. Act and in absence of any knowledge that narcotic substance is being transported in the vehicle, the applicant cannot be prosecuted. It has been further submitted that there is no ind





























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