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2022 Supreme(All) 507

KRISHAN PAHAL
Chhotey Lal – Appellant
Versus
Union of India – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Mohd. Salman, Anuj Dayal, Awadhesh Mishra, Manish Srivastava, Nasreen Bano, Pramod Kumar.
For the Respondents: Akhilesh Awasthi, Sikha Sinha.

JUDGMENT :

KRISHAN PAHAL, J.

1. Since the above two bail applications of the accused-applicants pertain to common recovery, therefore, I am deciding these bail applications by a common judgment.

2. Heard Sri Anuj Dayal, learned counsel for applicants and Sri Akhilesh Kumar Awasthi, learned counsel for the N.C.B. and perused the record.

3. Applicants seek bail in Case Crime No. 03 of 2020, under Sections 8(C)/18/29 of Narcotic of Drug and Psychotropic Substances Act, 1985, Police Station N.C.B. District Lucknow, during the pendency of trial.

Facts in Brief:

4. As per prosecution story, on the secret information received by N.C.B. from a squealer on 20.02.2020, a team was constituted for arresting the accused-persons, namely, Chhotey Lal and Kavinder Kumar, from general bogey of Train No. 12237 Begumpura Express. The N.C.B. team intercepted the said accused-persons from the said general bogey on 20.02.2020 at 16.15 pm. Thereafter, apprehended accused-persons were taken at platform no. 7 and 4 Kg and 3 Kg Opium was recovered respectively from Chhotey Lal and Kavinder Kumar being contained in their bags. The sample of 25 grams was taken from each packet and sealed. The sample of the said con

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