MOHAN KUMAR Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) Present petition is filed under section 439 Cr.P.C for grant of bail in case No.VIII/04/DZU/2019 registered for the offences punishable under section 22(c) and 29 of NDPS Act which is pending for trial before learned Special Judge, ASJ, Patiala House Courts, New Delhi who has dismissed bail application under section 439 Cr.P.C. of petitioner vide order dated 16.10.2019 in case No.SC/335/19.

(2.) Case of NCB/prosecuting agency is that the aforesaid case was registered on the complaint on 19.01.2019 whereby stated that at around 14:30 pm, when NCB team reached House No.671, Sen Mohalla, Mahipalpur Bypass Road, New Delhi which is the Office of Apex Courier, Delhi. Upon questioning by NCB officials, the Manager of Apex Courier informed them about the parcel which contained certain medicines which had arrived from Agra and included Zolpidem and Alporazolam Tablets and the parcel was addressed to Mr. Ajay Mahipal, Delhi. The courier was received at the office of Apex Courier by its Manager, Mr.Om Prakash on 19.01.2019. The courier was collected by Lallan who was sent by Birpal. The investigating agency asked Lallan to open the parcel and ceased the medicine therein. In further course of action, the investigating agency detained the petitioner on 23.01.2019 for investigation and he was subsequently arrested on 25.01.2019. He remained in custody till 10.04.2019 and thereafter, he was released on interim bail which continued till 02.07.2019 on the ground of medical condition of his wife who met with an accident and also due to old age of his parents, who were around 76 (mother) and 80 (father) years old and suffering from heart ailments and various other age related ailments.

(3.) As per the case of prosecution, investigating agency raided the house of petitioner on 29.01.2019 but no contraband was recovered.