IKECHUKWU CHUKWUBUIKEM STANLEY Vs. NARCOTIC CONTROL BUREAU

JUDGEMENT

(1.) By these two petitions, the petitioners seek bail in complaint case No.SC/225/17 titled as NCB Vs. Ikechukwu Chukwubuikem Stanley & Ors. pending in the Court of Special Judge, NDPS Act, at Patiala House.

(2.) Learned counsel for the petitioner Ikechukwu Chukwubuikem Stanley states that from the facts even on the face of the prosecution case, the petitioner cannot be said to be in conscious possession of the narcotics drugs. No recovery has been made at the instance of the petitioner, further the parcel was given to the petitioner by the co-accused to be booked for Spain. He further states that in terms of the decision of the Supreme Court Mohan Lal Vs. State of Rajasthan, (2015) 6 SCC 222 and a decision of this Court (Narcotic) Kamaljeet Singh Vs. H.K.Pandey,2005 3 JCC(Nac) 220 the petitioner is entitled to grant of bail pending trial.

(3.) Learned counsel for petitioner Anand Kumar Thakur states that the petitioner is running a courier agency and only to facilitate its customer, he provided the ID of his staff which cannot in any way be treated as conscious possession of the contraband. There is no previous involvement of the petitioner and he has been falsely implicated.