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2022 (2) TMI 722 - HC - Indian LawsSeeking grant of bail - supply of narcotic drugs and psychotropic substances - prohibited goods - retraction of statements - recovery not made from petitioner - inadmissible evidences - HELD THAT:- Admittedly, no recovery has been affected from the petitioner. Though in the statement of the petitioner recorded under Section 67 of the NDPS Act it is noted that that the petitioner in his Honda City Car No.3003 gave the parcels to Satpal for being sent to Delhi, the same being not admissible in evidence in view of the decision of the Hon'ble Supreme Court in Tofan Singh [2020 (11) TMI 55 - SUPREME COURT], the statement of Satpal only indicates that the car number of the petitioner was given and that the parcels will be sent in the said car. As per Satpal, the parcels were given to Danish and on Dr.Bansal asking about the parcels being received and sent, he inquired from Danish who said that the same were taken by Dr. Bansal's man from Apex Courier. No statement of Danish has been recorded to show that the petitioner has handed over the two parcels to him in his Honda City Car No.3003. Thus the allegations at best against the petitioner is that number of his Honda City Car was used for sending the parcels to the courier agency at Agra. In the absence of the statement of Danish, as per the complaint filed by the respondent who is not a witness and there is no evidence against the petitioner except the inadmissible statement of the petitioner himself that he delivered the parcels to Danish. Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and that he will not involve himself in an offence under the NDPS Act while on bail. The petitioner has been in custody since January, 2019 and considering the evidence against him, this Court deems it fit to grant regular bail to the petitioner pending decision of the trial. Consequently, the petitioner is directed to be released on bail on his furnishing a personal bond in sum of ₹ 50,000/- with two surety bonds of the like amount subject to the satisfaction of the learned Trial Court. Further, subject to the condition that the petitioner will not leave the country without prior permission of the court concerned and in case change of address and/or mobile number, the same will be intimated to the Court concerned by way of an affidavit by the petitioner - Petition disposed off.
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