RAMESH KUMAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) THIS is a case where the recovery alleged against the applicant is 3 Kgs. heroin. Needless to state, applicant is facing trial under Sections 21 and 29 of NDPS Act.

(2.) CHARGE has been framed. Trial is on. It has transpired during evidence that the two alleged independent public (chance) witnesses, Ravi and Charan Singh happened to be the witnesses of the NCB i.e. prosecuting agency in the present case, in other cases as well. It is not in dispute that Ravi is cited as a witness to the alleged recovery in three other cases, present one being the fourth and Charan Singh is cited as a witness in two other recoveries, present one being the third.

(3.) IN light of the three circumstances noted above counsel for the petitioner prays that notwithstanding the rigors of Section 37 NDPS Act, applicant is entitled to bail.