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2021 (12) TMI 1522

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..... persuades to pass an order in favour of the appellant is the fact that despite the rigors of Section 37 of the said Act, in the present case though charge sheet was filed on 23.09.2018 even the charges have not been framed nor trial has commenced. The manufacturer who sold the drugs to the appellant during the sunset clause himself has been granted bail. Bail granted to the appellant on terms an .....

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..... He was apprehended at the Airport and thousands of tablets of Tramadol X-225 were recovered from his luggage. This person named the appellant as the person who gave him the drugs on 23.09.2018 in his statement recorded under Section 67 of the NDPS Act. It was found that the bags in which contraband had been found had been purchased by the appellant and even the owner of the shop identified the a .....

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..... ed to be a carrier of more than 50 kgs of this drug which was handed over on 23.09.2018 after the period set out in the sunset clause. d) The status report filed by the NCB showed that the trial was not being delayed on account of the appellant and though the charge sheet was filed on 23.03.2019, charges have still not been framed during this period of custody. e) The appellant, though a Syria .....

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..... e terms will be included the requirement of the appellant to report every Monday in the forenoon alternate week and mark his presence before the officer concerned. We take it that the passport and travel documents are already deposited by the appellant and if not deposited, the same should be so deposited including the refugee certificate. The appeal is accordingly allowed leaving parties to bear .....

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