VINOD NAGAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The present application has been filed under Sec. 439 of the Code of Criminal Procedure, 1973 ('CrPC') read with Sec. 482 of CrPC seeking regular bail in Crime No. VIII/32/DZU/2021 under Ss. 8, 21(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act').

(2.) It is alleged that on 18/6/2021, at about 2:30, on the basis of secret information received by Shri Anand Kumar, IO, a recovery of 135 grams of Cocaine was made from the house of the co-accused Justin Izuchukwu Samuel. It is the prosecution's case that the said accused in his statement revealed the name of the applicant, whose involvement in illegal trafficking of drugs was further corroborated by the CAF and CDR of the co-accused Justin, and the WhatsApp chats between them. The applicant was arrested on 25/11/2021, and has remained in custody since then.

(3.) The applicant's bail application was rejected by the learned Trial Court by order dtd. 22/2/2022, and later again by order dtd. 19/9/2022, due to the embargo under Sec. 37 of the NDPS Act.