TMI Blog2021 (9) TMI 1045X X X X Extracts X X X X X X X X Extracts X X X X ..... he scheme of Section 37 reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 of the CrPC, but is also subject to the limitation placed by Section 37 which commences with non-obstante clause. The expression reasonable grounds means something more than prima facie grounds. It contemplates substantially probable causes for believing that the accused is not guilty of the alleged offence. The reasonable 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. Steps has been taken by the Customs (respondent) to challenge the grant of ba ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s, bed-sheets. ceramic knobs and artificial anklets. 3. On examination of all 21 corrugated boxes, 1810 strips comprising of 70 tablets of each i.e. 1,26,700 tablets of psychotropic substances Alprazolam was found concealed in box no. 11 in commercial quantity (listed at S.No. 178 in the schedule of NDPS Act, 1985). 4. I have heard the Ld. counsel for the parties and perused the records of this case. 5. It is submitted by the Ld. counsel for the petitioner that the petitioner has been falsely implicated. It is further submitted by her that co-accused Rohit Kumar has already been granted bail on 13.03.2020. She further submitted that the order of grant of bail to the co-accused has not been challenged by the Customs (Respondent). ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... xes, 1810 strips comprising of 70 tablets of each i.e. 1,26,700 tablets of psychotropic substances Alprazolam was found concealed in box No. 11 in commercial quantity which is listed at S.No. 178 in the schedule of NDPS Act. 1985. It is also pertinent to note that the recovered substance falls under the commercial quantity and embargo of Section 37 of the NDPS Act is applicable. 9. The scheme of Section 37 reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 of the CrPC, but is also subject to the limitation placed by Section 37 which commences with non-obstante clause. The operative part of the said section is in the negative form prescribing the enlargement of bail to any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... lating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is uncalled for. 12. As far as the contention of the Ld. counsel for the petitioner that no steps has been taken by the Customs (respondent) to challenge the grant of bail to the co-accused, Ld. counsel for the Customs (respondent) has relied upon the judgment of Apex Court titled as State of Kerala Vs. Rajesh, Crl. Appeal No. 154-157 of 2020 dated 24.01.2020 wherein, it has been specifically held in para No. 23 of the judgment that: The submission made by Ld. counsel for respondents that in crime No. 14/2018, the bail has been granted to the other accused persons, and no steps have been taken by the prosecution to challenge the grant of post ..... X X X X Extracts X X X X X X X X Extracts X X X X
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