JOYCE KAROUNG Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) The petitioner seeks regular bail in Complaint Case No. 395/2017 pertaining to Case No. VIII/20/DZU/2017, titled as "NCB Vs. Fernanda Rengel Gregada & Ors." under Section 21(C)/23(C)/29 Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS ACT for short).

(2.) The contention of the petitioner is that the petitioner has been falsely implicated and there is no material to connect the petitioner with the alleged offence in respect of which the complaint has been filed. Further, it is contended that there is no recovery of any contraband from the petitioner and the petitioner is sought to be roped in solely based on the statement of the co-accused, allegedly recorded under Section 67 of NDPS Act. Further, it is submitted that the petitioner has exonerated herself in the statement allegedly recorded under Section 67 of the NDPS Act.

(3.) Subject complaint has been filed under Sections 21(C), 23(C) and 29 of NDPS Act contending that consequent to information received from reliable source, a team was constituted to conduct search and seizure proceedings. On 15.05.2017 at about 8.30 a.m., the team left the office of Delhi Zonal Unit (DZU) and reached near Hotel Toronto, Pahar Ganj at about 9.10 a.m. On reaching the Hotel it was put under surveillance. At about 10.15 a.m., one woman similar to the one mentioned in the information, arrived at the Hotel with one black colour trolley bag. After the woman entered the hotel, the officer enquired about her from the person at the reception, who revealed the name of the person as Fernanda Rengel Grageda (co-accused). The officers waited outside the hotel.