9911796707
TMI Blog2020 (9) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... ections 8, 21, 22, 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, 'NDPS Act'). She has been in custody for more than two years. She is a girl hailing from Goa, who was arrested from the Hazrat Nizamuddin Railway Station. 3. It is the case of the Narcotics Control Bureau (hereinafter 'NCB') that she was arrested when she was found in possession of 600 gm of Methamphetamine. It is also stated that from the disclosures made by her, two other co-accused were also intercepted and further quantity of 180 gm of cocaine was recovered. 4. The Applicant seeks bail on the ground of deteriorating conditions in the Mandoli Jail, where it is stated that there is a severe spread of the pandemic. 5. Notice was issue ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... T 74, Paras 50 to 51] to argue that the mandatory condition under Section 50 of the NDPS Act has not been fulfilled. He also submits that only a designated officer could initiate the hearing and even at the time of seizure, which has allegedly taken place in Hazrat Nizamuddin Railway Station, no independent witness was present at the time of arrest or at the time of seizure. This shows that there is a clear doubt as to whether the recovery was in fact made from the Applicant. 8. On the other hand, Mr. P.C. Aggarwal, ld. counsel appearing for the NCB submits that the Applicant is in good health and in fact jail has proved to be a safe place for the Applicant. He objects to the grant of interim bail on the ground that commercial quantities o ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and treatment is being given in the prison itself. It is the mother's case that her health has further deteriorated. In response to this affidavit, a report was called from the jail authorities. The same has been received today and reads as under: "1. The inmate/patient Sonia D/o Shamrao Naik Gaonkar is longed in Mandoli Central Jail No.16. She has no history or any Chronic illness like Tuberculosis, Diabetes, Hypertension, Asthma and Seizures. 2. At present she has no complaints, axcept mild skin allrgy. 3. For skin allergy, she is receiving treatment from jail and has shown improvement. 4. At present her vitals are stable." COPY THE REPORT 12. A perusal of the above report shows that the Senior Medical Officer admits that the Ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ii) The Applicant shall reside in her permanent address with her family and shall not move out of the precincts of Bambolim, Tiswadi, North Goa, Goa - 403202; iii) The Applicant shall report telephonically to the local SHO at least twice a week; iv) The IO in Delhi from the NCB shall be continuously in touch with the Applicant on her live mobile number which shall be provided by the Applicant; v) The Applicant shall participate in the trial of the case whenever directed and shall make arrangements to either be in Delhi or participate in the hearing through video conferencing; vi) The Applicant shall not contact any of the other co-accused or take any steps to hamper the trial of the case. 15. The Applicant shall surrender upon t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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