PASCHAL OBINNA NWAGBAOSO Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The accused/applicant seeks bail in case registered by Narcotics Control Bureau for offence under Sec. 8C/20(b)/21(b)/22(c)/23/25 and 29 NDPS Act. Broadly speaking, the allegation is that 60 gram cocaine (intermediate quantity) and 55 grams methamphetamine (commercial quantity) were recovered from the accused/applicant.

(2.) Learned counsel for accused/applicant argues that this is a fit case to release the accused/applicant on bail as he is in jail since 8/12/2021 and trial is proceeding at a slow pace. It is also argued that co-accused Aslam has been granted bail, so on parity, the accused/applicant also deserves the same relief. Learned counsel for accused/applicant argues that the entire exercise carried out by the raiding team was not in accordance with law as the provisions under Sec. 50 and 52 of the NDPS Act were not adhered to. Learned counsel for accused/applicant also argues that the alleged recovery was not from person of the accused/applicant but from his residence where he was taken after being apprehended on the road.

(3.) As regards Aslam, admittedly nothing incriminating was recovered from his possession or at his instance. In contrast, as mentioned above there is recovery of intermediate quantity of cocaine and commercial quantity of methamphetamine at the instance of the accused/applicant from his residence. Therefore, the doctrine of parity would not come into play.