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2022 (11) TMI 637 - HC - CustomsSeeking grant of regular bail - recovery of contraband item - 41 spheroid shaped pellets wrapped in transparent tape, which was found positive for Cocaine, weighing 595 grams - recovery corroborated by statement of the witnesses and circumstances of the case - HELD THAT:- In the present case, de hors the statement recorded under Section 67 of the NDPS Act, the following factors are taken into account: i) Recovery of Cocaine from the possession of the petitioner; ii) Recovered Cocaine falls in commercial quantity; iii) Petitioner was intercepted near the exit gate of Customs Arrival Hall at the airport; iv) Statements of recovery witnesses were recorded at the time of recovery; v) Samples were drawn before the learned Magistrate and proceedings were duly photographed and videographed and vi) The trial has commenced and Examination of the witnesses is under progress. The strict conditions for granting bail under Section 37 of the NDPS Act cannot be said to be satisfied in the present case. None of the ground argued by the learned counsel for the petitioner can be made basis of reaching to the conclusion that there are reasonable grounds to believe that the petitioner is not guilty of the offence. These may be good grounds to be argued at the stage of final arguments, but at the present stage, this Court cannot reach to a reasoned conclusion that petitioner has not committed the offence - Similarly, there is nothing on record to satisfy that if the petitioner is released on bail, she will not again indulge in the same crime, during the bail period. The twin conditions set out in Section 37 of the NDPS Act for granting bail are not satisfied. No grounds are made out for grant of bail to the petitioner at this stage - bail application is accordingly dismissed.
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