Home Case Index All Cases Indian Laws Indian Laws + HC Indian Laws - 2019 (6) TMI HC This
Forgot password New User/ Regiser ⇒ Register to get Live Demo
2019 (6) TMI 1678 - HC - Indian LawsSeeking grant of bail - Smuggling - illegal trafficking of contraband substance - cough syrup - methamphetamine tablets - statement recorded u/s 67 of the NDPS Act - HELD THAT:- Undisputed position is that, commercial quantity of contraband substance is involved in this case and as such, the restriction of section 37 of the NDPS Act shall apply. Therefore, in terms of the provision of section 37 and also in view of the decision of the Supreme Court in SATPAL SINGH VERSUS STATE OF PUNJAB [2018 (7) TMI 32 - SUPREME COURT], it is imperative on the part of the court to record a finding as to it’s satisfaction as per section 37 of the NDPS Act, before granting or refusing bail. According to the learned Standing Counsel for the NCB petitioner was arrested on the basis of statement of the co-accused Magrab, who stated in his statement purportedly recorded u/s 67 of the NDPS Act, that he would sell 68 gms of methamphetamine tablets to the present petitioner. The petitioner in his statement purportedly recorded u/s 67 of the NDPS Act denied such averment of the co-accused Magrab. Therefore, materials on record clearly show that no contraband involved in this case was recovered or seized from the possession of the present petitioner, inasmuch as, admittedly all the contraband, i.e., 18000 bottles of cough syrup and 758 methamphetamine tablets were seized from the possession of the other co-accused as mentioned above. Except the purported statement of co-accused Magrab Ali recorded u/s 67 NDPS Act, that he was suppose to sell the 68 gms of methamphetamine tablets to the present petitioner, which was denied by him, no other material has been brought on record to connect the present petitioner with the recovery of contraband or the offence of the present case. It is difficult to hold that the trial against the present petitioner may in all probabilities culminate in conviction. Therefore, there is no reasonable ground to believe that the petitioner may be ultimately held liable for the offence of this case. There is also no other cogent material to suggest that in the event of enlargement on bail, the petitioner shall commit the offence under the NDPS Act. The petitioner is allowed to be enlarged on bail of Rs. 20,000/- with a solvent surety of like amount to the satisfaction of the learned Special Judge, NDPS, Kamrup (Metro) - bail application disposed off.
|