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2020 (11) TMI 838 - HC - Indian LawsSmuggling - Drug Trafficking - petitioner has prayed for bail on the ground that petitioner is innocent and has been falsely implicated - It is submitted that presumption of innocence lies in favour of the petitioner till the guilt is proved beyond reasonable doubt - HELD THAT:- The petitioner Nagary Ally Kombo had directed Chinedu to handover the bag containing contraband to co-accused Kelvin. During investigation of the case, Mobile phones of the petitioner as well as other accused persons were examined and it was revealed that they were in touch and which prima facie shows that they are member of a drug syndicate and involved in the drug trafficking. The accusation in the present case is with regard to commercial quantity. As per Section 37 of the NDPS Act, if a person is accused of enumerated offences under the said provision and in case, the Court proposes to grant bail to such a person, two conditions are to be mandatorily satisfied in addition to the normal requirements under the provisions of the Cr.P.C. or any other enactment. Firstly the Court must be satisfied that there are reasonable grounds for believing that the person is not guilty of such offence. Secondly that person is not likely to commit any offence while on bail. The facts appearing on record prima facie reveal that petitioner is involved in drug trafficking and this Court is of the opinion that there are no reasonable grounds to believe that he is not guilty of offence charged. Huge quantity of Pseudoephedrine weighing 24.5 kg, has been recovered. Moreover, since the charge-sheet prima facie reveals that petitioner is member of a drug syndicate, it cannot be said that he will not commit any offence if released on bail. Thus, appearing on record and nature of offence, no grounds for grant of bail to the petitioner are made out - bail application dismissed.
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