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2022 (6) TMI 372 - HC - Indian LawsSeeking grant of Regular Bail - Smuggling - MDMA pills of Commercial Quantity - offences punishable under Sections 8(c), 22(a)(b)(c), 27, 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 - HELD THAT:- On perusal of the material on record, on receipt of credible information, the parcel was seized in the post office and the same contains the name and phone number of this petitioner. The same is not disputed by the petitioner before the Court. But, the only contention of the learned counsel for the petitioner before this Court is that, he was working as an employee with the accused No.1 and he was discharging his duties as an employee with accused No.1. The counsel also not disputes the fact that the said parcel contains 493.5 grams of MDMA and the report is also before the Court. While exercising the discretion, the Court has to keep in mind the very proviso of Section 37(1)(b)(II) of the NDPS Act and the same has to be satisfied by a person, who approaches the Court. In the case on hand, admittedly, the parcel was in the name of this petitioner and the phone number mentioned in the parcel also belongs to this petitioner and the quantum of MDMA which is a manufactured drug seized is 493.5 grams which is 10 times the commercial quantity. It has to be noted that, while exercising the discretion, the Court has to keep in mind the fact that, to combat the menace in the society, the special enactment of NDPS Act was brought into force, when the IPC and other penal provisions are inadequate to prevent the offences which are against the society at large. The petitioner has to make out a case to grant bail and the Court has to keep in mind the very proviso of Section 37 of the NDPS Act. Hence, it is not a fit case to exercise the discretion under Section 439 of Cr.P.C. to grant bail in favour of the petitioner - Application allowed.
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