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2021 (8) TMI 313 - HC - Indian LawsSeeking grant of Bail - Smuggling - Charas - contraband item - admissibility of statements - recovery of of commercial quantity - Section 37 of the NDPS Act - HELD THAT:- In the instant case, as per the Status Report, charges have already been framed on 25.03.2021 and the same has not been challenged till date by the petitioner. The testimonies of the public witnesses cannot be analyzed at this stage, as their veracity will only be tested during the course of the trial - In the present case, as per the NCB, the petitioner was found trafficking 2.7 Kgs. of Charas concealed in 3 Books and false cavity of base of Bag which were all found in the baggage and said trafficking of Charas from India to Bangkok was being done in conspiracy with his live-in partner & co-passenger Ms. Nympha De Jesus (Philippines National) who was also arrested and charged with the said offences. As per the NCB (respondent) the documents pertaining to the present petitioner were also found from the registered baggage. Charges have already been framed and the same have not been challenged. Recovered quantity is a commercial quantity and rigours of Section 37 of NDPS Act applies. It cannot be said that there is no other material with the NCB except the statement U/s 67 of NDPS Act. There are two panch witnesses, baggage of the petitioner has been recovered and some documents relating to the petitioner have also been found in the baggage, therefore, in these circumstances, no ground for bail is made out. Bail application dismissed.
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