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TMI Blog2022 (1) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... peal (Crl.) NO. 1773-74 of 2021 - - X X X X Extracts X X X X X X X X Extracts X X X X ..... to registering of the aforesaid cases against the respondents are that on 22nd March, 2019, the petitioner-NCB had received information that two persons i.e., Nausheer Mohammed [A-1] and Noushad Mannakkamvalli [A-2] were going to carry drugs and travel to Doha by Oman Airways from Bengaluru International Airport. Immediately on receiving such information, a team of NCB officers arrived at the airport and on searching the luggage of A-1 and A-2, seized 4.525 Kgs of Hashish, 965 Grams of Amphetamine and 30 Grams of Cocaine. Both the respondents in SLP(Crl) @ Diary No. 22702/2020 i.e. Pallulabid Ahamad Arimutta and Mohammed Majid Saleem were arraigned as Accused Nos. 3 and 4 in NCB Case FN No. 48/01/03/2019/BZU [Hereinafter referred to as the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ed as [A-1] and [A-2] in NCB Case FN No. 48/01/07/2019/BZU [Hereinafter referred to as the 'second case'] , were going to reach Bengaluru Airport alongwith persons named Khushboo Sharma and Mohammad Asif for trafficking drugs to Doha. The said accused were apprehended in the parking area of Bengaluru Airport on 15th June, 2019. It is stated that Khushboo Sharma was found to be in possession of a black bag that when searched, revealed 510 grams of Methamphetamine concealed in sanitary napkins. Further, when A-1 and A-2 were taken by the Department to a tenanted flat occupied by them, NCB officers found huge quantities of drugs stashed there, namely, 330 Grams of Methamphetamine, 13.680 Kgs of Hashish, 2.850 Kgs of Hashish Oil, 9.050 Kgs of G ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s with a non-obstante clause, had been met in the instant cases for granting any relief to the respondents and that a concession has been granted to the respondents on an erroneous presumption that there is a reasonable ground for believing that they are not guilty for such an offence. It has been vehemently argued by the learned Additional Solicitors General that in the instant cases, there existed justifiable reasons to reject the bail applications of the respondents and there was hardly any ground to believe that they were not guilty of the offences alleged against them or that they are not likely to commit any such offence while on bail. 8. Vide order dated 05th January, 2020, learned counsel for the petitioners NCB were directed to pr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... t appears, prima facie, that no substantial material was available with the prosecution at the time of arrest to connect the respondents with the allegations levelled against them of indulging in drug trafficking. It has not been denied by the prosecution that except for the respondent in SLP (Crl.) No. 1569/2021, none of the other respondents were found to be in possession of commercial quantities of psychotropic substances, as contemplated under the NDPS Act. 10. It has been held in clear terms in Tofan Singh Vs. State of Tamil Nadu [(2021) 4 SCC 1] , that a confessional statement recorded under Section 67 of the NDPS Act will remain inadmissible in the trial of an offence under the NDPS Act. In the teeth of the aforesaid decision, the a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 16th June, 2019. This aspect has been completely overlooked while passing the order dated 08th January, 2020 wherein, the only reason that appears to have weighed with the High Court for releasing him on bail is that his case stands on the same footing as A-1, A-3 and A-4 who had been enlarged on bail vide orders dated 11th October, 2019, 16th September, 2019 and 09th September, 2019, in connection with the second case registered by the Department. We are of the firm view that A-2 cannot seek parity with the aforesaid co-accused and no such benefit could have been extended to him in view of Section 37 of the Act when he was found to be in conscious possession of commercial quantity of psychotropic substances, as contemplated under the NDPS ..... X X X X Extracts X X X X X X X X Extracts X X X X
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