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2021 (9) TMI 150 - HC - Indian LawsSeeking grant of bail - Smuggling - 159 grams of MDMA of commercial quantity - contraband from foreign countries - seizure u/s 67 of the NDPS Act - twin requirements under Section 37(1)(b) of the NDPS Act or not - HELD THAT:- Admittedly, the consignment was addressed to Amitha Radhakrishnan and not to the petitioner. Even the earlier parcel referred to by the prosecution which was said to have contained 25 grams of ganja, was also addressed to Amitha Radhakrishnan. It is stated that Amitha Radhakrishnan and the petitioner were in live-in relationship residing in the address mentioned in the parcel. It is stated that Amitha Radhakrishnan has given a statement that she was not aware of the bad deals that are being held by the petitioner, but, however, she says that it must be the petitioner who used to book the consignment in her name and used to manage her bank accounts. In the present case, the prosecition has placed sufficient materials to show that the commercial quantity of contraband i.e., MDMS was seized from the parcel that was lying in the foreign post office. The prosecution is relying on the statements of the petitioner and Amitha Radhakrishnan to establish the link between the petitioner and the offence in question - the materials that are placed before the Court are not sufficient to convict the petitioner or to hold him guilty. It is not the contention of the prosecution that the petitioner is having any criminal antecedents. Therefore, it can be held at this stage that he is not likely to commit any offence, if he is enlarged on bail. This Court is conscious of the fact that, it is not the stage either to declare the petitioner as innocent or guilty for the offences as alleged. At the initial stage of considering the bail application filed by the petitioner, prima facie satisfaction about the materials placed on record is to be looked into and on consideration of such materials, in light of the rival contentions, there are reasonable grounds for believing that the petitioner is not guilty of such offences and that he is not likely to commit any offence, while on bail. When these twin conditions as under Section 37(1)(b) of the NDPS Act are satisfied, there are no reason to reject the prayer made by the petitioner. The petitioner is entitled to be enlarged on bail subject to conditions, which will take care of the apprehension expressed by the learned CGSC that the petitioner may abscond, he may commit similar offences or may tamper or threaten the prosecution witnesses - Petition allowed.
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