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2021 (2) TMI 813 - HC - Indian LawsSeeking grant of Regular Bail - Smuggling - Charas - contraband item - offences under section 20/25 of the NDPS Act - HELD THAT:- In the instant case, GD entry No. 0011A was recorded on the basis of the secret information received. So, at the stage of bail factual matrix of the case cannot be looked into and the same would be seen during the course of trial. The petitioner was arrested alongwith his co-accused, who is involved in two other cases of NDPS Act and no doubt he was carrying only 555 Gms. of Charas, which according to the counsel for the petitioner is less than the commercial quantity but his co-accused was carrying 955 grams of conrtraband, so at this stage, it would not be proper to consider the alleged recovery to be an individual recovery as both of them were travelling in the same vehicle. Co-accused is a habitual offender and he knows the trick of the trade and the factum of conspiracy can only be looked into at the time when the evidence is led. Therefore, in the facts and circumstances of this case and the fact that the alleged recovered quantity from both the accused being more than 1 Kg., rigors of Section 37 applies. Bail application dismissed.
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