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2023 (6) TMI 778 - HC - Indian LawsSeeking grant of Regular Bail - recovery of contraband - 500.18 Kg. of crystalline powder suspected to be Amphetamine - retraction of statement under Section 67 of the NDPS Act, 1985 - HELD THAT:- It is essential to observe that the date of arrest of the applicant is 21-2-2015 and that a period of more than seven years from the date of arrest of the applicant has since elapsed, the offence allegedly committed by the applicant punishable under Sections 22, 27A and 29 of the NDPS Act, 1985 in relation to the commercial quantity of 500 kgs. of mephedrone allegedly seized from the truck, in which the applicant was also allegedly present, is punishable with Rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years and to a fine which shall not be less than Rs. 1 Lakh but which may extend to Rs. 2 lakhs. The alleged disclosure statement made by the applicant in terms of Section 67 of the NDPS Act, 1985, in terms of the verdict of the Hon’ble Supreme Court in TOFAN SINGH VERSUS STATE OF TAMIL NADU [2013 (10) TMI 361 - SUPREME COURT] is not admissible in evidence. In view thereof in terms of the verdict of the Hon’ble Supreme Court in SUPREME COURT LEGAL AID COMMITTEE REPRESENTING UNDERTRIAL PRISONRE VERSUS UNION OF INDIA [1994 (10) TMI 290 - SUPREME COURT], the applicant who is charged with the offences punishable under NDPS Act, 1985 with the minimum imprisonment of ten years and the minimum fine of Rs. 1 Lakh and who has been in jail for more than five years, is entitled to be released on bail, and is thus, subject to terms and conditions imposed - bail application allowed.
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