TMI Blog2019 (5) TMI 1955X X X X Extracts X X X X X X X X Extracts X X X X ..... the present case, the Consignee Ravi Kumar has already been granted bail who was to receive the said goods. The driver of the vehicle or any other passenger who had got the goods loaded would be actually liable for the said offence. The applicant has made out a case for bail as the twin conditions prescribed under Section 37(1)(b)(ii) of the 1985 Act appear to be satisfied - Let applicant Vind ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... disputed by Sri Rai, learned counsel for the Central Bureau of Narcotics. It is next submitted that applicant was a helper on the truck from which the recovery was made. It is also submitted that applicant in his statement under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 has stated that it was on account of his poverty that he had agreed to work as a helper in the said ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... el for the Central Bureau of Narcotics huge quantity of 'charas' was recovered weighing about 202 Kgs and 500 gms, which is much more than the commercial quantity. It is also submitted that the provisions of bail are strictly controlled under Section 37 of the 1985 Act and the applicant having admitted his guilt in his statement under Section 67 of the Act cannot be enlarged on bail, in vi ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ted that he knew that there was prohibited substance loaded on the vehicle but the applicant was neither the consignor nor consignee nor had agreed to carry the said goods, he was only a helper on the vehicle and just that he had knowledge of the goods being loaded in the truck. The offence, if any, would be against the person who had agreed to carry that goods or the consignor or the consignee of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nt will cooperate with the trial and remain present personally on each and every date fixed after release. (ii) The applicant will not tamper with the prosecution evidence and will not delay the disposal of trial in any manner whatsoever. (iii) The applicant will not indulge in any unlawful activities. (iv) The applicant will not misuse the liberty of bail in any manner whatsoever. The ..... X X X X Extracts X X X X X X X X Extracts X X X X
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