MUSHIR ALAM Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) This present bail application has been filed under Sec. 483 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking regular bail in Case No. VIII/37/DZU/2022 for offences under Ss. 8C/22/23/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ('NDPS Act') registered at Police Station (P.S.) NCB/DZU RK Puram.

(2.) The case of the prosecution as borne out from the status report is that on 23/4/2022, on the basis of secret information, a parcel bearing AWB No.3658 lying at 'Universal Express', E- 114, Ground Floor near DDA Community centre, Mohammad Pur, New Delhi was suspected to contain contraband, accordingly, a raiding party was constituted. It was discovered that the said parcel was dispatched by the consignor Nikhil Verma, a resident of Kanpur, India and the consignee was named as Neetu, resident of USA.

(3.) Mr. Sathe, learned counsel for the Applicant states that the Applicant has been falsely implicated in the captioned FIR only on the basis of the disclosure statements of the Applicant and co-accused Mohd. Babar. However, such disclosure statements are not admissible per se. In this regard, he relies upon the order passed the Supreme Court in Bharat Chaudhary v. Union of India (2021) 20 SCC 50 Para 12 and 13.