SHIV KUMAR Vs. NARCOTIC CONTROL BUREAU, CHANDIGARH

JUDGEMENT

(1.) Case is taken up for hearing through video conferencing.

(2.) The petitioner has filed this petition for grant of regular bail in Crime No. 36 dated 02.08.2019, registered under Sections 8/18/29 of NDPS Act, at Police Station Narcotic Control Bureau, Chandigarh.

(3.) Learned Senior counsel for the petitioner has submitted that the present case has been registered on the basis of Panchnama and that the petitioner has no role in the alleged crime and has only been indicted on the information provided by co-accused Rajesh Paswan, while in custody and such statement in custody is hit by the provisions of Sections 25 and 26 of the Indian Evidence Act, 1872, having no evidentiary value. It is also submitted that the petitioner was not arrested on the spot, nor any contraband was recovered from him, nor was he named in the secret information provided to the Narcotic Control Bureau, Chandigarh. It is further submitted that alleged recovery effected from the petitioner is of some empty plastic pouches and zippers. Charges are yet to be framed.