Criminal Procedure Code, 1973
Section 439—Bail—FIR registered under Sections 20/29/25 of NDPS Act—Merely because there is no recovery from possession of concerned petitioner, it cannot be assumed at the stage of bail that petitioner is not guilty of said offence, if there is other incriminating evidence connecting petitioner with the offence—Prosecution case does not rest merely on the basis of disclosure statements of co-accused—Call detail records, money transfer and recovery of car from front of the house of one of petitioner reflects the close nexus—Any explanation in defence that same was towards legitimate business activities need to be established during the course of evidence—Benefit extended to co-accused by the trial court appears to be distinguishable since the payment in such case were made more than a year prior to the date of recovery—No grounds for bail are made out in the light of twin conditions laid down in Section 37 of the NDPS Act—Application dismissed.
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