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2021 (9) TMI 1045 - HC - CustomsSeeking grant of Bail - Smuggling - Alprazolam - it is claimed that petitioner seeks parity with the co-accused, as co-accused Rohit Kumar has already been granted bail - section 22(C), 23(C) and 28 read with Section 29 of NDPS Act 1985 - HELD THAT:- In the present case, 21 corrugated boxes, 1810 strips comprising of 70 tablets of each i.e. 1,26,700 tablets of psychotropic substances “Alprazolam” was found concealed in box No. 11 in commercial quantity which is listed at S.No. 178 in the schedule of NDPS Act. 1985. It is also pertinent to note that the recovered substance falls under the commercial quantity and embargo of Section 37 of the NDPS Act is applicable - The scheme of Section 37 reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 of the CrPC, but is also subject to the limitation placed by Section 37 which commences with non-obstante clause. The expression “reasonable grounds” means something more than prima facie grounds. It contemplates substantially probable causes for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence. Steps has been taken by the Customs (respondent) to challenge the grant of bail to the co-accused or not - HELD THAT:- Reliance placed in the case of State of Kerala Vs. Rajesh [2020 (1) TMI 1002 - SUPREME COURT] where it was held that the consideration prevailed upon the Court to grant bail to the other accused persons will not absolve the act of the accused respondent from the rigors of Section 37 of the NDPS Act - the contention of the Ld. counsel for the petitioner that no steps has been taken by the Customs (respondent) to challenge the grant of bail to the co-accused is of no consequence. Bail application dismissed.
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