2020 (12) TMI 1104

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....en up for hearing through video-conferencing. Petitioner seeks grant of regular bail under Section 439 Cr.P.C. in case bearing FIR No.23 dated 31.01.2020 under Sections 21, 25, 27A and 29 of NDPS Act registered at Police Station STF, District S.A.S. Nagar, Mohali. Learned counsel for the petitioner states that the petitioner has been nominated on the basis of disclosure statement of main accused....

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....owner is the petitioner. After receiving money from the said person, Ankush Kapoor handed over the same to the petitioner. Allegations are of HAWALA transactions under the garb of business of money changer. Learned counsel for the petitioner further submits that the petitioner is accused of the offence under Section 27-A of NDPS Act which is also a scheduled offence along with other offences in ....

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.... Section 37 of the NDPS Act. The twin conditions imposed under Section 45 of the Act came to be interpreted by the Hon'ble Apex Court in Nikesh Tarachand Shah vs Union of India, AIR 2017 SC 5500. The provision has been declared to be unconstitutional so far it imposes two further conditions to release on bail. With reference to the report under Section 173 Cr.P.C., learned counsel submitted t....

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....o judicial scrutiny by the Court. Per contra, learned State counsel states that the petitioner was nominated on the basis of disclosure statement of main accused Ankush Kapoor. No recovery has been effected from the petitioner. Challan has been presented, but charges have not been framed so far. Petitioner was granted interim bail by this Court vide order dated 05.06.2020. Interim bail was exten....