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2019 (11) TMI 607 - HC - Indian LawsSmuggling - Contraband item - Pseudoephedrine - Heroin - scope of commercial quantity - Section 37 of the NDPS Act - cognizable and non-bailable offences - HELD THAT:- There is no dispute that in this matter, the quantity involved is a commercial one and the rigours of Section 37 of the NDPS Act are applicable. Generally, the conspiracy is hatched in secrecy and it may be difficult, if not impossible, to obtain direct evidence to establish the same. The acts of various parties to the conspiracy will infer that they were done with reference to common intention, hence, it is held, time and again, that the conspiracy can be proved by indirect circumstantial evidence, which is of an impeccable nature. It is also not necessary that all the conspirators should know each other and also every detail of the plot, so long as they are co-participators in the main object thereof and it is also not necessary that all of them should participate from the inception of the stratagem till the end, the determinative factor, being unity of object or purpose and their participation at different stages. As per the provision of Section 37 of the NDPS Act, it is mandatory that before the petitioner is entitled to be released on bail, the Court has to be satisfied that there are reasonable grounds for believing that the petitioner is not guilty of such an offence and that he is not likely to commit the same again while on bail. There is nothing on record to satisfy this Court that there are grounds or more to say reasonable grounds believing that the petitioner is not likely to commit such an offence again and is also not likely to commit the same while on bail, hence, this Court does not find any merit in the bail application of the petitioner and the same is, accordingly, dismissed - petition dismissed.
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