JUDGEMENT
Anu Malhotra,J. -
(1.)The applicant, vide the present application seeks the grant of regular bail in case titled DRI vs. Tasawwur Hussain @ Tasawwur and Ors. SC No. 7550/2016 for offences punishable under Ss. 22, 27(A) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 submitting to the effect that he is incarcerated for more than seven years having been arrested on 21/2/2015.
(2.)The applicant has further submitted that he has been falsely implicated; that he had merely boarded the truck in question in which the alleged contraband was recovered at 00:30 a.m. on 21/2/2015 near village Pochanpur of Dwarka on the instructions of his uncle (phupha)
Sh. Deen Mohd. Khan @ Dina; that he had no knowledge where the truck bearing No. HR 55 P 7995 was being taken; and that he had no knowledge that the said truck apart from containing Papayas contained 500.18 Kg. of crystalline powder suspected to be Amphetamine which truck was driven by one Hakmuddin @ Hakka with a cleaner named Shokat Ali.
(3.)The applicant has submitted further that he had retracted his statement under Sec. 67 of the NDPS Act, 1985; that his statement is wholly exculpatory; that there is no recovery of any material fact, document or contraband from him, and that even as per the statement of Hakmuddin @ Hakka, the driver of the said truck in question, the applicant allegedly boarded the truck to guide the driver to the house of Dina, his uncle, and Dina was also there in his Innova car; and as per the statement of the driver, the truck contained some articles of Sh. Deen Mohd. Khan @ Dina which were to be dropped at his house and Papaya was to be delivered at Mangalore.
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