2021 (11) TMI 890

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....f secret information, petitioner Kelvin George Katindasa was intercepted at IGI airport while he was travelling to Dar-Es-Sallam via Doha and during search, 24.5kg of Pseudoephedrine was recovered. 3. In his statement u/s 67 NDPS Act, petitioner disclosed that he came to Delhi along with his brother Nagary and stayed at hotel Venus, Mahipalpur, Delhi and on 09.01.2019, Nagary asked him to go to INA market to collect the suitcase and thereafter petitioner collected the suitcase of Pseudoephedrine from Chinedu and Kelvin (petitioner) was supposed to hand over this suitcase to Nagary at Tanzania. On 18.02.2019 accused Nagary was also intercepted at Mumbai airport on the basis of LOC. Accused Nagary also accepted his guilt. The mobile phones....

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.... the matter, so no purpose would be served by keeping the petitioner behind the bar. 7. Ld. counsel for the petitioner has relied upon the following judgments: (a) Judgment dated 13.03.2020, passed by this Court in Crl. Appeal No. 1027/2015 titled as Amani Fidel Chris Vs. Narcotics Control Bureau. (b) Ram Narayan Vs. State 2005 [2] JCC [Narcotics] 170. (c) Sujit Tiwari Vs. State of Gujarat and another 2020 (1) Crimes 141 (SC). 8. On the other hand, it is submitted by the Ld. counsel for the respondent (NCB) that the allegations against the petitioner are grave and serious in nature. He further submitted that the bail of the co- accused has been dismissed by this court vide order dated 24.11.2020. He further ....

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....ments relied upon by the Ld. counsel for the petitioner are concerned, they are distinguishable on facts and circumstances and it is well settled that judicial precedent cannot be followed as a statute and has to be applied with reference to the facts and circumstances of each case. The ratio of one case cannot be applied mechanically to other case without considering their factual situation and circumstances because a slight difference in the facts or additional facts makes a lot of difference in precedential value of a decision. 11. In the instant case, on 10.01.2019 a secret information was received and petitioner was intercepted at IGI airport while he was travelling to Dar-Es-Sallam via Doha and during search 24.5 Kg. of Pseudoephed....