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2018 (10) TMI 1283 - HC - CustomsBail Application - Smuggling - blackish brown hard shape substance suspected to be narcotics - Petitioner, is alleged to have disclosed that he was involved in the booking of parcels containing drugs and he was doing this to earn more money - section 37 of NDPS Act - Held that:- Public Prosecutor has been given an opportunity and he has opposed grant of bail. Therefore, before petitioner is entitled to be released on bail, this Court has to be satisfied that there are reasonable grounds for believing that the accused is not guilty of such an offence and that he is not likely to commit the same while on bail. The field test allegedly indicated THC+ and 9 out of 10 packets were neither tested nor sampled. The physical properties weight of the suspected substance as recorded in the complaint panchnama, its memo are at variance with the one’s recorded by the Chemical Examiner. Panchnama records the substance as ‘blackish brown hard shaped’ with weight of the sample being 5 grams. Chemical Examiner has noted the content to be ‘greenish-brown coloured soft mass’ with weight of sample being 3.4 grams. The parcel that is booked is not booked in the name of the petitioner but in the name of one Rakesh Kumar. Even the ID proof, which was submitted, was not of the petitioner but of Rakesh Kumar. Rakesh Kumar is alleged to be an employee of DHL, the courier agency. The article was recovered in the possession of the courier agency. The discrepancy that is being further pointed out is that the article was booked on 17.08.2013 and was allegedly dispatched from the Chandigarh branch on 17.08.2013 and reaches Delhi on 24.08.2013. For the period between 17.08.2013 and 23.08.2013, the article admittedly remained in the possession of DHL but there is no tracking report or status with regard to said period of seven days. Further, the statement under section 67 of NDPS Act, of the petitioner, relied on by the respondents, is not as incriminating as is sought to be projected. It only records that whatever mistake he and his owner have committed, he apologises for the same and in future, he shall not book any parcel in which there are drugs. Further as per the petitioners the statement was not voluntary and has been retracted immediately. Thus, there are reasonable grounds for believing that the present petitioner is not guilty of the offence for which he has been charged - the petitioner is not likely to commit any offence on bail, learned counsel for the petitioner has pointed out that there are no criminal antecedents and further that he had booked several parcels in the past and no complaint was received qua any of the parcels that he booked. This has not been controverted by the prosecution. The requirements of Section 37 NDPS Act, have been fulfilled and, therefore, it is a fit case in which the petitioner is to be released on bail - on petitioner furnishing a bail bond in the sum of ₹ 25,000/- with one surety of the like amount to the satisfaction of the Trial Court, petitioner shall be released on bail, with certain restrictions imposed - petition allowed.
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