ARUN KUMAR GOYAY Vs. NARCOTICS CONTROL

JUDGEMENT

(1.) The applicant vide the present application seeks the grant of bail in relation to SC No. 244/2021 under Ss. 8, 22(c), 23 & 29 of the NDPS Act, 1985, submitting to the effect that he has been falsely implicated in the instant case and has been incarcerated since 5/4/2021 with it having been submitted on behalf of the applicant that there has been no recovery of any contraband from the applicant nor at his behest. Inter alia, it is submitted on behalf of the applicant that even the alleged recovery of 80.673 kg of Tramadol tablets from the residence of one Bablu at Bahadurpur, Agra, U.P., cannot be attributed to the applicant. It is further submitted on behalf of the applicant that the chemical examination report in relation to the said Tramadol tablets has also not been placed on record by the Investigating Agency and that thus in the absence of a complete investigation report having been filed in terms of Sec. 173(8) of the Cr.P.C., 1973, the applicant was entitled to be released on default bail in terms of Sec. 167(2) of the Cr.P.C., 1973.

(2.) Notice of the application was issued to the NCB. The NCB through its response dtd. 25/1/2022 has adverted to the contents of the complaint in the instant case Crime No. VIII/10/DZU/2021 under Ss. 8, 22(c), 23 & 29 of the NDPS Act, 1985, filed against one Kapil Aggarwal @ Rohit S/o Prakash Chand Aggarwal and against the present applicant Arun Kumar Goyal @ Bauji S/o Sh. Vijay Kumar Goyal, R/o N-112, Natraj Puram, Kamla Nagar, Agra, U.P. It has been submitted by the NCB that on the basis of a secret information dtd. 13/3/2021, the NCB team searched parcel bearing Airway Bill No. 4254071485.

(3.) The NCB through its status report in response stated to the effect: