TMI Blog2021 (10) TMI 582X X X X Extracts X X X X X X X X Extracts X X X X ..... test which is required to be applied while granting bail is whether there are reasonable grounds to believe that the accused has not committed an offence and whether he is likely to commit an offence while on bail. Given the seriousness of the offence punishable under the NDPS Act and in order to curb the menace of drug-trafficking in the country, stringent parameters for the grant of bail under the NDPS Act have been prescribed. The application lacks merit and the same is, therefore, dismissed. - BAIL APPLN. 1625/2021 And CRL.M.(BAIL) 552/2021 - - - Dated:- 6-10-2021 - HON'BLE MR. JUSTICE RAJNISH BHATNAGAR Petitioner: Mr. Rajesh Gupta And Mr. Harpreet Singh, Advocates. Respondent: Mr. Subhash Bansal, Sr. Standing Counsel for NCB with Mr. Shashwat Bansal, Advocate-NCB. ORDER RAJNISH BHATNAGAR, J. 1. The present bail application has been filed by the petitioner seeking regular bail U/s 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1995 read with Section(s) 439 482 of Cr.P.C. in case No. VIII/9, 9A/DZU/2020 U/s 8/22/24/25/29 of NDPS Act. 2. Briefly stated, the facts of the case as per the prosecution complaint are t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ith Dipu Singh over phone and through whatsapp communication. 7. It is further stated in the Status Report filed by the NCB (respondent) that during investigations, analysis of mobile of accused Dipu Singh was done and mirror image was obtained from SIFS. In the mobile phone mirror image of accused Dipu Singh huge chats regarding NRX medicines and address of consignee in foreign countries were found. The same chats were exhibited by petitioner Taha Toufiq. In the chats large number of address were found to which they were sending NRX medicines as disclosed by the accused. 8. On the basis of statement and call-details, the present petitioner Taha Toufiq was arrested under section 24 29 of NDPS Act on 4-08-2020. It was found that the present petitioner Taha Toufiq was in constant touch with co-accused Dipu Singh and there are several communications through WhatsApp which shows their involvement in illicit drug trafficking and is a part of larger conspiracy. 9. I have heard the Ld. counsel for the petitioner, Ld. Sr. Standing Counsel for NCB (respondent), perused the Status Report filed by the NCB (Respondent) and also perused the records of this case. 10. It is submitte ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ized as per law detailed in the panchnama in the presence of the independent witness and was taken into safe custody and thereafter the consignor/accused Dipu Singh was apprehended from Lucknow and from his house, 12000 tablets of Tramadol were recovered. It is further submitted by the Ld. Sr. Standing Counsel for NCB (respondent) that during investigation he has disclosed the names of the other persons involved in the conspiracy. 14. He further submitted that the petitioner tendered his statement U/s 67 of the NDPS Act and admitted his guilt and his involvement with coBAIL accused Dipu Singh in providing the orders from his clients to co-accused Dipu Singh. He further submitted that the petitioner was in regular touch with co-accused Dipu Singh over phone and WhatsApp and there are various calls and WhatsApp messages. 15. It is further submitted by the Ld. Sr. Standing Counsel for NCB (respondent) that in WhatsApp communications there is a reference of medicines covered under the NDPS Act and tracking number of the consignment sent by them and also the WhatsApp messages between the petitioner and accused Dipu Singh which shows there involvement in trafficking of the medicine ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rther submitted that there is a recovery of commercial quantity of medicines, hence there is a bar of Section 37 NDPS Act on the release of the petitioner/accused on bail. 21. In the instant case, no doubt, in view of the decision in Tofan Singh Vs. State of Tamil Nadu (2021) 4 SCC 1 wherein it has been held that confessional statement made U/s 67 of the NDPS Act will not be admissible in evidence but at the same time there is a huge recovery of medicines which fall under the category of commercial quantity as per NDPS Act. The petitioner and the co-accused Dipu Singh were in constant touch with each other which is evident from the call records of the cell phone used by the petitioner. 22. In the present case, there is a recovery of commercial quantity of medicines from co-accused Dipu Singh who is also found to be delivering the medicines illegally over the orders placed through the present petitioner/accused and both accused are found to be connected through WhatsApp chat messages as well as through mobile phones. The chat conversation between the petitioner/accused and Dipu Singh reveals that they were indulging in supply of the narcotic drugs. The conduct of petit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t: 7. The expression used in Section 37(1)(b)(ii) is reasonable grounds . The expression means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is not guilty of the offence charged. 8. The word reasonable has in law the prima facie meaning of reasonable in regard to those circumstances of which the actor, called on to act reasonably, knows or ought to know. It is difficult to give an exact definition of the word reasonable . 7. In Stroud's Judicial Dictionary, 4th Edn., p. 2258 states that it would be unreasonable to expect an exact definition of the word reasonable . Reason varies in its conclusions according to the idiosyncrasy of the individual, and the times and circumstances in which he thinks. The reasoning which built up the old scholastic logic sounds now like the jingling of a child's toy. (See Municipal Corpn. of Delhi v. Jagan Nath Ashok Kumar [(1987) 4 SCC ..... X X X X Extracts X X X X X X X X Extracts X X X X
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