TaxTMI 
TaxTMI 
2021 (5) TMI 673
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....e applications have arisen out of Crime No.1008/2020. 2. These are the applicants' first application under Section 439 of Criminal Procedure Code, 1973, as they are arrested in connection with Crime No.1008/2020 registered at Police Station Vijay Nagar, Indore District Indore (MP) for offence punishable under Section 8 read with Section 22 and Section 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (herein after referred to as the NDPS Act). 3. The applicants Adnan Khan, Abdul Hannan and Dheeraj are in custody since 16.01.2021, 16.01.2021 and 07.12.2020 respectively. 4. The allegation against the applicants is that they were involved in the aforesaid offences whereby 20 grams of MDMA. Narcotics Drug was seized from....
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....here is nothing on record to connect the applicant with the aforesaid offence. It is submitted that the applicant Adnan is a childhood friend of the applicant Hannan and only due to financial difficulties faced by applicant Adnan that he has given him every now and then paltry sum of money to meet his sundry expenses during the lockdown period. Shri Sharma has also submitted that the applicant Adnan belongs to a well to do family and is engaged in the business of Power Planets Lighting Solutions Private Limited and is also an income tax payer. He has also completed his graduation in Bachelor of Business Administration and as such there is no question that he would be involved in the drug trafficking business. It is further submitted that th....
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.... also, only the telephonic records were available against the accused persons and no drug was seized. Thus, counsel has submitted that on the ground of parity also, the applicant deserves to be released on bail. 8. Shri Vikas Yadav, learned counsel for the applicant Adnan Khan has also reiterated the submissions made by Shri Sanjay Sharma and it is submitted that no recovery has been made from the applicant Adnan Khan and otherwise also, except the bank account details and the telephone record, there is nothing to connect him with the offence. Thus, he may be released on bail, as he is also implicated on the basis of a memo prepared under Section 27 of the Evidence Act. 9. So far as the applicant Dheeraj is concerned, Shri Anil Ojha, ....
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....been transferred into the account of Dheeraj. Whatsapp chats of the applicants is also on record which also indicates their involvement in the case. Thus, it is submitted that the nexus between all these three applicants is clear and is supported by the documentary evidence. Hence, no case for grant of bail is made out. 11. Heard counsel for the parties and perused the record. 12. From the record, it is apparent that applicant-Dheeraj was arrested on 7.12.2020 along with 20 grams of MDMA narcotic drugs (the commercial quantity of which is more than 10 grams) when he was sitting in an XUV along with co-accused Sohan @ Jojo, who was driving the vehicle. It is also found that so far as applicant-Adnan Khan is concerned, his name is menti....