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TMI Blog2019 (6) TMI 1678X X X X Extracts X X X X X X X X Extracts X X X X ..... 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. Resisting the prayer of bail of the petitioner, learned standing counsel Mr. Keyal contends, that the restrictions of sec ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rder 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 of such offence and that he is not likely to commit any offence while on bail." 7. A similar provision imposing restriction on ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 mind, at least in serious cases, as to why the applicant has been granted or denied the privilege of bail. The duty of the court at this s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 from the possession of the present petitioner, nor he was present at the place of occurrence. According to the learned Standing Counsel for th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t. 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 allowed to be enlarged on bail of Rs. 20,000/- with a solvent surety of like amount to the satisfaction of the learned Special Judge, NDPS, Kamrup (Met ..... X X X X Extracts X X X X X X X X Extracts X X X X
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