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2020 (1) TMI 1075 - SC - Indian LawsGrant of Bail - Smuggling - contraband item - admissibility of evidences - allegation against the appellant is that he was part of the conspiracy to smuggle the huge quantity of contraband into India and therefore he should not be granted bail - HELD THAT:- The case of the appellant herein is totally different from the other accused. Reasonable possibility is there that he may be acquitted. He has been behind bars since his arrest on 04.08.2017 i.e. for more than 2 years and he is a young man aged about 25 years. He is a B.Tech Graduate. Therefore, under facts and circumstances of this case we feel that this is a fit case where the appellant is entitled to bail because there is a possibility that he was unaware of the illegal activities of his brother and the other crew members. The case of the appellant is different from that of all the other accused, whether it be the Master of the ship, the crew members or the persons who introduced the Master to the prospective buyers and the prospective buyers. Some stringent conditions will have to be imposed upon the appellant - the appellant Sujit Tiwari are directed to be released on bail upon furnishing a bail bond in the sum of ₹ 10,00,000/-, with two sureties of the like amount to the 8 satisfaction of the Special Judge, NDPS Court at Porbandar on the conditions imposed - appeal disposed off.
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