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2022 Supreme(All) 8

SHEKHAR KUMAR YADAV
Shankar Varik @ Vikram – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Bhavya Sahai, Brijesh Sahai (Senior Adv.)
For the Respondent: Ashish Pandey, Pranay Krishna

JUDGMENT :

Shekhar Kumar Yadav, J.

1. Heard Mr. Brijesh Sahai, learned Senior Counsel assisted by Mr. Bhavya Sahai, learned counsel for the applicant, Mr. Ashish Pandey, learned counsel for Narcotics Control Bureau.

2. This bail application under Section 439 of Code of Criminal Procedure has been filed by the applicant seeking enlargement on bail in Case Crime No.12 of 2020, under Section 8/20/29 of Narcotic Drugs and Psychotropic Substances Act at Police Station ChallaniNCB Lucknow, District Jhansi.

3. The factual matrix of the present case is that on 27.05.2020 at about 07.00 AM, upon information that four persons, namely, Sanjay Kumar Singh, Vinod Singh, Shankar Varik (applicantaccused) and Chhote Lal in two Trucks bearing Registration No.CG04 HZ4685 and Dumper bearing Registration No.CG04 JA9801 are about to come from Teekamgarh towards Mauranipur at Khadiyan Crossing and they are carrying huge quantity of illegal Ganja, the informant of NCB with his team alongwith necessary items (proper kits) for further action in accordance with provisions of NDPS Act, reached the spot at about 09.00 AM and started patrolling at Khandiyan Crossing. It is alleged that in evening at about 18.30 hr

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