ABDUL REHMAN Vs. N.C.B.

JUDGEMENT

(1.) The applicant Abdul Rehman @ Dablu, arrested on 6/8/2016, seeks the grant of bail in relation to CC No. VIII/15/DZU/2016, PS NCB (DZU) qua the alleged commission of offences punishable under Ss. 21/23/29 of the NDPS Act, 1985.

(2.) The applicant submits that he has been falsely implicated in the instant case, that there is no sufficient incriminating evidence collected by the Investigating Agency to show that he is in conspiracy with the other co-accused persons, and that as per the prosecution version itself it was reflected that the applicant was not aware of the contents of the consignment i.e., a parcel that was delivered to him on instructions of his friend Haniff, which parcel belonged to a Nigerian friend of Haniff, and as per information provided by the co-accused Haniff, the applicant had to take the parcel to Haniff and Haniff would take it to Prince to hand it over to him.

(3.) The applicant submits that he was not aware of the contents of the consignment and it cannot be presumed that he had any custody, animus, dominion control over the same. Inter alia, the applicant submits that out of the 21 witnesses cited in the complaint filed by the NCB, only 7 have been examined, and that, thus, the applicant ought to be released on bail, and that there is no likelihood of his tampering with the prosecution evidence or fleeing away from justice.