MANOJ GUPTA Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This is an application under Section 439 of the Cr.P.C seeking regular bail in C.C.No. VII/36/DZU/2020 dated 27.11.2020, registered at Police Station R.K Puram, Delhi for offences under Sections 9A, 25A, 22, 23 and 29 of NDPS Act. The petitioner was arrested on 27.09.2020.

(2.) The case of the prosecution as given in the Status Report is as under:

(3.) Mr. Ramneek Mishra, learned counsel for the petitioner contends that Pseudoephedrine is only a controlled commodity and therefore the rigor of Section 37 NDPS Act does not apply to the facts of this case. He contends that the only evidence against the petitioner are the statements given by Lilesh Sen and Vinod Singh which are not admissible in view of the judgement of Tofan Singh v. State of Tamil Nadu, (2013) 16 SCC 31. He would state that other than the two disclosure statements the only other document is the voluntary statement of the petitioner under section 67 of the NDPS Act. He would state that the charge-sheet has been filed. He would contend that there are no antecedents against the petitioner. It is submitted that there is no likelihood of the trial concluding in the near future and the petitioner be released on bail.