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2022 Supreme(All) 1152

SUBHASH VIDYARTHI
Mohd. Asageer – Appellant
Versus
N. C. B – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Shams UzZaman, Ajay Kumar Pandey, Archna Singh Jadaun
For the Respondent: Ashish Pandey

JUDGMENT :

1. Heard Sri Satish Trivedi Senior Advocate assisted by Sri Ajay Kumar Pandey Advocate, the learned counsel for the applicant and Sri Ashish Pandey Advocate, the learned counsel appearing for the Narcotics Control Bureau.

2. The present application has been filed seeking release of the applicant on bail in Case Crime No. 1 of 2020, under Sections 8(c), 20(C), 28, 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (which will hereinafter be referred to as ‘the Act’), Police Station NCB Lucknow.

3. The recovery memo states that at 19:30 hours on 01.01.2020, information was received that a Truck was transporting 500.6 kg. Ganja from Orissa to Moradabad, Uttar Pradesh and a team of officials of NCB and another team of STF started on 01.01.2020 at 21:15 hours from Lucknow and it reached Moradabad at about 04:00 a.m. on 02.01.2020. It is alleged that besides some vehicles passing on the road, no person of the public was seen nearby. It was decided that independent witness be asked from the Police Station -Special Economic Zone and the Station House Officer called two persons namely Riyasat Hussain and Zakir Hussain, who agreed to witness the recovery. The team observed a

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