TMI Blog2019 (6) TMI 1678X X X X Extracts X X X X X X X X Extracts X X X X ..... t s satisfaction as per section 37 of the NDPS Act, before granting or refusing bail. According to the learned Standing Counsel for the NCB petitioner was arrested on the basis of statement of the co-accused Magrab, who stated in his statement purportedly recorded u/s 67 of the NDPS Act, that he would sell 68 gms of methamphetamine tablets to the present petitioner. The petitioner in his statement purportedly recorded u/s 67 of the NDPS Act denied such averment of the co-accused Magrab. Therefore, materials on record clearly show that no contraband involved in this case was recovered or seized from the possession of the present petitioner, inasmuch as, admittedly all the contraband, i.e., 18000 bottles of cough syrup and 758 methampheta ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the petitioner, namely, Nurezzaman Islam @ Nurajjaman, who is in detention in connection with NCB (Crime) Case No. 3/2019 under sections 21( c)/22(c )/29 of the NDPS Act, 1985. 3. Learned counsel for the petitioner Mr. Talukdar submits that no contraband substance was seized from the possession of the petitioner, nor any cogent material could be brought on record to connect the present petitioner with the offence of this case, except a statement of the co-accused purportedly recorded u/s 67 of the NDPS Act. The contention of the learned counsel is that one cannot be convicted for a serious offence, like the one under the NDPS Act, which provides stringent punishment, solely on the basis of a so-called confession of a co-accused. 4. R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... age No.# 3/3 in case the Court was otherwise inclined to grant the bail. Such a satisfaction having not been entered, the order dated 21.09.2017 is only to be set aside and we do so. 6. Section 37 (i) (b) of the NDPS Act reads as under :- (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 CRL.M.C. 6222/15 con. cases satisfied that there are reasonable grounds for believing that he is not guilty ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... served that the restrictions on the power to grant bail should not be pushed too far and it was of the opinion that if the court, having regard to the materials brought on record, is satisfied that in all probability the accused may not be ultimately convicted, an order granting bail may be passed. It further held that the satisfaction of the court as regards his likelihood of not committing any offence while on bail must be construed to mean an offence under the very Act and not any offence whatsoever be it a minor or major offence. It further observed that for the purpose of considering the application for grant of bail, although detailed reasons are not necessary to be assigned the order granting bail must demonstrate an application of m ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... erials brought on record. Pankaj Kr. Chauhan Intelligence Officer, NCB received a secret information on 25-02-2019, that one Mograb Ali along with his two accomplice Jiaur Rahman and Abdul Matleb Mir were going to transport huge quantity of Recofex codeine based cough syrup by his own vehicle bearing registration no. 26-B/5506 from Guwahati to Dhubri. Pursuing the said information, the NCB team intercepted the above mentioned vehicle and found accused Magrab Ali, Jiaur Rahman and Abdul Matleb Mir in the vehicle and seized 600 bottles of codeine based ASLAC of cough syrup, 1200 bottles of codeine based Recofex cough syrup and 758 methamphetamine tablet (68 gms) from the above three accused persons. Evidently no contraband article was seized ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s also no other cogent material to suggest that in the event of enlargement on bail, the petitioner shall commit the offence under the NDPS Act. 12. One must not loose sight of the fact that rejection of bail ultimately affects the right to liberty of a person. Though the right to liberty enshrined in Article 21 of the Constitution is not absolute and is subject to reasonable restriction, in order to deprive a person of his liberty, there must be reasonable ground. Article 21 of the Constitution cannot be put to challenge on fanciful ground or in a light manner. 13. Having regard to the entire materials brought on record as indicated above, I am inclined to grant bail to the petitioner. Accordingly, the petitioner above-named is allow ..... X X X X Extracts X X X X X X X X Extracts X X X X
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