RAMESH KUMAR Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) Petitioner seeks bail in Complaint Case No. VIII/31/DZU/17, registered by Narcotics Control Bureau (NCB), under Sections 8(c), 20 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (henceforth referred to as the 'NDPS Act') while claiming to be innocent.

(2.) Learned counsel for petitioner submits that Narcotic Control Bureau (NCB) arrested father of petitioner and by exercising undue pressure on petitioner, his statement under Section 67 of NDPS Act has been recorded, which in any case does not incriminate petitioner. It is submitted that there is nothing on record to show that petitioner had connived with his co-accused in transportation of 6.2kg of charas, which was recovered from co-accused Rafiq. It is further submitted that bank balance of petitioner by itself is not sufficient to falsely implicate him in this case. Lastly, it is submitted that petitioner is a teenager and has clean antecedents and his detention in jail is of more than one year.

(3.) Learned counsel for petitioner further submits that petitioner's co-accused Gaurav has been granted bail by the trial court vide order of 27th August, 2018 by observing that accused Gaurav is not connected with recovery of 6.2 Kg. of charas and no recovery has been effected from him. Petitioner's counsel seeks parity with co-accused Gaurav by submitting that no recovery has been effected from him and so, petitioner deserves bail. It is pointed out by petitioner's counsel that recovery of 6.2kg of charas was effected on 15th November, 2017 and thereafter, no deposit has been made into the bank account of petitioner and so, it cannot be said that petitioner has any connection with the alleged recovery of 6.2 kg of charas.