TMI Blog2021 (8) TMI 313X X X X Extracts X X X X X X X X Extracts X X X X ..... age and said trafficking of Charas from India to Bangkok was being done in conspiracy with his live-in partner co-passenger Ms. Nympha De Jesus (Philippines National) who was also arrested and charged with the said offences. As per the NCB (respondent) the documents pertaining to the present petitioner were also found from the registered baggage. Charges have already been framed and the same have not been challenged. Recovered quantity is a commercial quantity and rigours of Section 37 of NDPS Act applies. It cannot be said that there is no other material with the NCB except the statement U/s 67 of NDPS Act. There are two panch witnesses, baggage of the petitioner has been recovered and some documents relating to the petitioner have al ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Airport, however, the co-accused i.e. the present petitioner left to Bankok and the money for purchase of ticket from New Delhi to Bankok was arranged by petitioner Peter and they were having livein relationship and also booked their luggage together. The present petitioner was detained at Bankok airport and deported back to India. He returned to India on 05.11.2016 and in his statement U/s 67 stated that all the checked in baggage belonged to him but checked in by Nympha and were added in the ticket of Nympha, and the said charas belonged to him. After the completion of investigation, the complaint was filed. 4. I have heard the Ld. counsel for the petitioner, Ld. Sr. Standing counsel for the NCB (respondent) and have also perused the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... It is further submitted by him that by that time the petitioner had already boarded the flight to Bankok but he was deported back. He further submitted that the petitioner and the co-accused have disclosed the entire facts and admitted their complicity in the commission of the crime and their statements U/s 67 NDPS Act are admissible at this stage. He further submitted that the recovery is of commercial quantity and there is embargo of Section 37 of the NDPS Act over the release of the petitioner/accused on bail. 7. In the instant case, as per the Status Report, charges have already been framed on 25.03.2021 and the same has not been challenged till date by the petitioner. The testimonies of the public witnesses cannot be analyzed at th ..... X X X X Extracts X X X X X X X X Extracts X X X X
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