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2022 Supreme(SC) 619

N. V. RAMANA, KRISHNA MURARI, HIMA KOHLI
Narcotics Control Bureau – Appellant
Versus
Mohit Aggarwal – Respondent


Advocates appeared:
For the Appellant :A.K. Sharma, B. V. Balaram Das, Advocates
For the Respondent:Mr. P. K. Jain, Advocate

JUDGMENT

Hima Kohli, J.

Leave granted.

2. The appellant-NCB is aggrieved by the judgment and order dated 16.03.2021 passed by the High Court of Delhi granting post-arrest bail to the respondent-accused in Case No.SC/1334/2020, where the respondent is facing trial for the offence under Sections 8/22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 [For short "NDPS Act"].

3. The case set up by the prosecution is that on the basis of secret information received by the officials of the Narcotic Control Bureau ["For short “NCB"] on 09.01.2020, that one parcel had been booked by a person from Agra named Gaurav Kumar Aggarwal, to be delivered to one Manoj Kumar at Ludhiana, Punjab and was stored at the godown of a courier company at Village Samalkha, Kapasehra, New Delhi, suspected to contain NRX tablets, being a narcotic drug, the NCB team reached the said godown and conducted search proceedings. The suspected parcel was identified and opened in the presence of two independent witnesses from amongst the staff members of the courier company. The said parcel was opened and 50,000 Tramadol tablets weighing 20 kgs were recovered. As the tablets contained in the suspected parcel


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