Mr. Vinod Sharma And Ms. Seema ... vs Unknown
2023 Latest Caselaw 2348 UK

              Office Notes,
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SL.
      Date    or directions                           COURT'S OR JUDGES'S ORDERS
No
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                               BA1 No. 1804 of 2023
                               Hon'ble Rakesh Thapliyal, J.

1. Mr. Vinod Sharma and Ms. Seema Belwal, learned counsel for the applicant.

2. Mr. V.S. Rathore, learned Assistant Government Advocate for the State.

3. Learned counsel for the applicant submits that present applicant has been implicated merely on the basis of statement made by co-accused Sahzad under Section 67 of the NDPS Act and the same is not admissible in view of the judgment rendered by Hon'ble Supreme Court in the case of Tofan Singh Vs. State of Tamil Nadu 2020 SCC Online SC 882. He has made reference of paragraph 158 of the said judgment. He further submits that the judgment of Tofan Singh (supra) was further relied on by the Hon'ble Supreme Court in the subsequent judgment in the case of State (By NCB) Bangaluru Vs. Pallulabid Ahmad Arimutta (2022) 12 SCC 633 and he has made reference to paragraph 11 to 12 of the said judgment. He has further placed reliance on the order of Hon'ble Supreme Court dated 25.10.2021 in Criminal Appeal No. 1273 of 2021 (Sanjeev Chandra Agarwal Vs. Union of India) whereby the Hon'ble Supreme Court set aside the order of framing of charge, which was based upon confessional statement of the co-accused.

4. Learned counsel for the applicant further submits that there is no recovery from the applicant and there is no transaction between the applicant and Sahadat and if there is any transaction that is between Sahadat and Salman. He further submits that the contraband was also recovered from Atifuddin and Taiyyab Khan, who purchased the same from Sahzad, and whose names were also found in the FIR.

5. On the other hand, learned Assistant Government Advocate submits that two cases are pending against the applicant namely FIR No. 359 of 2019 under Section 8/21 of the NDPS Act, Police Station - Sahaspur, Dehradun and FIR No. 29 of 2020 under Section 8/21 of the NDPS Act, Police Station - Vikas Nagar, Dehradun.

6. In respect of the arguments advanced by learned counsel for the applicant, learned Assistant Government Advocate for the State submits that instructions are not complete, therefore, he seeks only three days' time to obtain complete instructions.

7. Three days' time, as prayed for, is granted to Mr. V. S. Rathore, AGA for the State to obtain complete instructions.

8. List on 23.08.2023, as fresh, before the Regular Bench.

(Rakesh Thapliyal, J.) 19.08.2023 SKS