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2021 (12) TMI 1026 - HC - CustomsDrug trafficking - concealment of contraband goods - admissibility of statements u/s 67 of NDPS Act - HELD THAT:- A reading of Section 37 of the NDPS Act indicates that bail can be granted only when there are reasonable grounds for believing that the accused is not guilty of an offence and that he is not likely to commit any offence when released on bail. In Union of India v. Rattan Mallik, [2009 (1) TMI 844 - SUPREME COURT], the Supreme Court had held that while considering an application for grant of bail under the NDPS Act, the Court was not called upon to record a finding of “not guilty”, but to see whether there was any reasonable ground for believing that the accused was not guilty of the offence(s) that he was charged with and further that he was not likely to commit an offence under the said Act while on bail. In the instant case, the quantity of contraband recovered is 151.980 kgs of ketamine, which is a commercial quantity. In Gurdev Singh v. State of Punjab, [2021 (4) TMI 286 - SUPREME COURT], the Supreme Court had discussed the deleterious impact of narcotic drugs on society, and how the menace of drug addiction did not only have the ability of destroying the life of just one individual, but how it could destroy the lives of generations to come. Therefore, the consequences of dealing of drugs and drug abuse can be experienced across the board, from causing economic issues to societal disintegration. The purpose of enacting the NDPS Act was to curb this menace, and this purpose must be borne in mind while considering the grant of bail pertaining to the NDPS Act. Deprivation of personal liberty without the assurance of speedy trial contravenes the principles enshrined in our Constitution under Article 21, and is, therefore, unconstitutional to its very core. In such cases, in absence of the pronouncement of conviction, the process itself becomes the punishment. Nine years cannot be said to be a short period of time. This Court is of the opinion that the instant case is fit for grant of bail - bail is granted subject to conditions imposed - application allowed.
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