SACHIN MAKADE Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) Both the petitions are being considered together. The brief facts are:

(2.) Thus, it is argued by the learned senior counsel(s) for the petitioners the main case is on 1/2/2020, twelve thousand tablets of tramadol were recovered from the house of co-accused Dipu and he named M/s.Azesto Impex Private Limited, Nagpur. Its office was searched on 11/2/2020 but no recovery was made. It transpired the present applicant and co-accused Sachin Makade were owners of the said firm. The petitioner joined the investigation but was arrested on 12/2/2020. It is stated he is in custody for the last two years and eight months and is the sole bread earner of his family and that twins were born to his wife during his custody period. Further he was granted interim bail but he did not misuse the liberty. It is submitted no recovery was ever made from his residence or at his instance. Though there are allegation of about 50 transactions through his laptop and mobile phones but the respondent have failed to find any purchaser or seller and the only evidence collected by the respondent is a probable factor of his doing business. It is alleged no credence can be given to the evidence collected so far as it is all in the nature of corroborative evidence and is not a direct evidence and in the absence of direct evidence, the corroborative evidence is of no use.

(3.) Thus, it was argued that only corroborative evidence is collected by the State and neither the purchaser nor the sellers have been examined. Even there is no evidence of receiving any amount from overseas, hence, without direct evidence the corroborative evidence cannot be put to use.