VARGAS JOSEANTONIA MAURICIO Vs. DRI

JUDGEMENT

(1.) THIS application under Section 439 Cr.P.C has been preferred by the petitioner by the accused/ petitioner who is involved in a case under NDPS Act and from whom 11.976 kg of heroin was recovered.

(2.) THE only ground taken by the petitioner/applicant for grant of bail is that the applicant in his statement under Section 67 of NDPS Act has stated that two suitcases from which heroin was recovered were handed over to him by a person Sunny whose address in India he did not know. Sunny met him in Jalandhar, Punjab in Radisson Hotel and became his friend and while he was leaving for London, he handed over to him two suitcases and asked him to hand over the same to his sister in London. He had met Sunny for the first time in Jalandhar. He agreed to deliver suitcases for no consideration. Sunny had dropped him at Delhi by a cab and he stayed in Radisson Hotel in room number 449 and next day he came to board the flight. He had carried with him 6000 Canadian dollars for his expenses in India when he arrived here and he had no knowledge if the suitcases were having heroin. He had checked them and they were only having clothes.