TMI Blog2021 (3) TMI 751X X X X Extracts X X X X X X X X Extracts X X X X ..... le 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. Applying the law laid down by the Supreme Court in the present case, it appears that the drugs were being sent in a very organised manner. Drugs were deftly packed and sent concealed in shock absorbers shows that the operations were well planned. The panchnama of the items recovered from the house of the petitioner includes a black and red coloured rectangular box marked as roneo shock absorber , the same type of shock absorber in which the contraband was recovered. Another broken shock absorber with broken pieces was also recovered from the petitioner. Tools which could be used for opening shock absorber and placing the contraband into the shock absorber were also recovered - It cannot be said at this point of time that the petitioner was not involved in the offence and the way in which the operation was being carried on shows that the possibility of the petitioner indulging in the same activity again cannot be ruled out. Further, the petitioner is a Nigerian and does not have ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ock absorbers were cut open and substance was removed. The recovered substance was tested and found positive for heroin. Since substance recovered from both shock absorbers were of similar nature, colour, texture and found positive for heroin, the substance of both shock absorbers were collected at a place in a polythene and it was found to be 575 grams. Necessary formalities were done and proceedings were recorded in the panchnama. d) The parcel was booked on the ID of accused Anand Kumar Thakur and was booked from DTDC Courier Agency, Dwarka Mod, Dwarka, New Delhi. The investigating team visited the DTDC Courier Company on 28.01.2017 and issued summons under Section 67 of the NDPS Act to accused Anand Kumar Thakur for further enquiries. During preliminary enquiries accused Anand Kumar Thakur informed the team that the parcel in question was booked by a Nigerian, namely, Ikechukwu Chukwubuikem Stanley (hereinafter referred as 'Stanley'). e) A team of NCB officers went for arresting Stanley but he ran away. Stanley was ultimately stopped by the NCB Officers with the help of a passerby near Vipin Garden area. It is stated that Anand Kumar Thakur also reached the spot a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd 8368242276. He also disclosed that one mobile number 7827287839 was provided to him by the petitioner for making inquiry about the parcel in question. Call detail records of all the telephone numbers were obtained. j) It is stated that investigation in respect of mobile numbers of Stanley revealed that the three mobile connections were issued in the name of unknown persons were obtained on the basis of forged documents. It is stated that Stanley was hiding his actual identity for the purpose of committing the crime so that he could not be traced out by the investigating agency. k) That during investigation of case, the petitioner disclosed his mobile number 8447054608. CDR and CAF of the said mobile number was also obtained from the service provider and it was found that the said mobile connection was issued in the name of Mona Tiwari, R/o B-75, Police Station Quarters, Sector-12, R K Puram, New Delhi. In order to complete the investigation on this aspect Notice under Section 67 of the NDPS Act was issued to the said Mona Tiwari but said notice was returned unserved with the report that no such person was residing at the given address. It is stated that the petitioner was ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s found but is not identical. It is stated that the broken machinery parts have been found in the possession of the petitioner which is not sufficient to implicate the petitioner and connect him to the offence. Learned counsel for the petitioner further states that no recovery of any contraband has been made from the petitioner who has clean antecedents. He would state that the petitioner has already been in custody for four years and that the petitioner is entitled to bail. 7. Per contra, Mr. Subhash Bansal, learned Senior Standing Counsel for the respondent/NCB would contend that the search at the house of the petitioner resulted in recovery of the same type of rectangular box having mark as 'Roneo Shock Absorber'. It is contended by the counsel for the respondent/NCB that apart from the material that has been seized from the premises of the petitioner, the petitioner's call detail records (CDR) also shows that the petitioner was in constant touch with the co-accused Stanley. It is contended that the petitioner is a foreign national having no roots in society and may abscond. It is also stated that the way the drugs were being packed/concealed inside shock absorber ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ences to be cognizable and non-bailable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)- (a) every offence punishable under this Act shall be cognizable; (b) no person accused of an offence punishable for [offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless- (i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.] 12. It is well settled that the jurisdiction of a Court to grant bail for offences under NDPS Act, bail in cases of recovery of commercial quantity is circumscribed by the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... sed of having committed offence under the NDPS Act is not only subject to the limitations imposed under Section 439 of the Code of Criminal Procedure, 1973, it is also subject to the restrictions placed by clause (b) of sub-section (1) of Section 37 of the NDPS Act. Apart from giving an opportunity to the Public Prosecutor to oppose the application for such release, the other twin conditions viz. (i) the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and (ii) that he is not likely to commit any offence while on bail, have to be satisfied. It is manifest that the conditions are cumulative and not alternative. The satisfaction contemplated regarding the accused being not guilty, has to be based on reasonable grounds . 13. The expression reasonable grounds has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence he is charged with. The reasonable belief contemplated in turn, points to existence of such facts and circumstances as are sufficient in themselves to justif ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ot guilty of the alleged offence. In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for. 15. Applying the law laid down by the Supreme Court in the present case, it appears that the drugs were being sent in a very organised manner. Drugs were deftly packed and sent concealed in shock absorbers shows that the operations were well planned. The panchnama of the items recovered from the house of the petitioner includes a black and red coloured rectangular box marked as roneo shock absorber , the same type of shock absorber in which the contraband was recovered. Another broken shock absorber with broken pieces was also recovered from the petitioner. Tools which could be used for opening shock absorber and placing the contraband into the shock absorber were also recovered. Weighing machines, seals of hologram and other instruments have also been recovered. The CDR of the phone numbers recovered from the accused ..... X X X X Extracts X X X X X X X X Extracts X X X X
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