TMI Blog2020 (9) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... rious news articles published from time to time about the spread of COVID-19 even in the jail, the threat of the pandemic is a serious threat. The Applicant is a permanent resident of Goa with deep roots in society as is clear from her mother s affidavit as also the petition filed by her grandfather - In the nominal roll, the jail conduct of the Applicant is found satisfactory. There are no other cases pending against the Applicant. The statement given by the Applicant under Section 67 has been retracted by her affidavit. However, this Court is not inclined to go into the validity or otherwise of the said statement at this point. The present petition is only seeking interim bail in order to enable the Applicant to meet her family. Consid ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... as issued in this petition on 9th June, 2020. The grandfather of the Applicant had also filed a bail application being Bail Application No. 351/2020, which is also pending. The Status Report was called for along with the nominal roll. 6. Since the Applicant is a permanent resident of Goa, where her family also resides, on 13th July, 2020, the Court had directed that an affidavit be filed by the family members as to how the Applicant would join the trial, in case interim bail is granted to her. The mother of the Applicant has filed an affidavit dated 17th August, 2020 stating that though they are residents of Goa, the Applicant will ensure advance travel booking for attending each and every date of hearing before the Trial Court and she w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... l quantities of 600gms Methamphetamine has been recovered from the Applicant s possession. He relies upon the presumption in Sections 67, 35 and 54 of the NDPS Act to argue that the benefit of doubt cannot be given to the Applicant. 9. Mr. Aggarwal, ld. counsel submits that there are two witnesses whose names are mentioned in the seizure memo. However, Mr. Sharma, ld. counsel submits that the two witnesses are officials of Railway Police and they are not independent witnesses. 10. This Court has perused the pleadings and status reports on record. A perusal of the petition shows that the Applicant is a well-educated girl who completed her M.Sc. in Pharmaceutical Chemistry. She has been in custody for almost two years and six months. Th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r Medical Officer admits that the Applicant is suffering from skin allergies. There is no response to the specific plea of the mother in her affidavit where it has been stated that due to the skin allergy, she has been given medicines in jail and she has suffered a negative reaction to them. Further, considering the situation of the pandemic as also various news articles published from time to time about the spread of COVID-19 even in the jail, the threat of the pandemic is a serious threat. The Applicant is a permanent resident of Goa with deep roots in society as is clear from her mother s affidavit as also the petition filed by her grandfather. 13. In the nominal roll, the jail conduct of the Applicant is found satisfactory. There are ..... X X X X Extracts X X X X X X X X Extracts X X X X
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