9911796707
TMI Blog2023 (8) TMI 1546X X X X Extracts X X X X X X X X Extracts X X X X ..... mely, Priyaranjan (Co-accused in the subject FIR) between 10:30 A.M. to 11:00 A.M. near bus stop, Vande Mataram Marg, Dhaula Kuan Road, Delhi. 4. On apprehending the petitioner and co-accused, both of the accused persons refused their search in front of gazetted officer therefore, a notice under section 50 of NDPS Act was served to both the accused. It is further the case of the prosecution that a blue zip bag was recovered from the hands of the petitioner wherein on opening the bag, two heavy packets were found and on checking, the bags were containing wet black colour pungent material which on checking with the field testing kit was found to be Charas. 5. Learned counsel further submits that it is further the case of the prosecution that on weighing the two packets, the weight of the bags were 5 kgs. each and the total weight of the blue bag containing the two packets was 10 kgs. Learned counsel vehemently submits that it is also the admitted case of the prosecution that two samples of 25 grams each from both the packets along with their duplicate samples were taken. Thereafter the petitioner and co-accused were arrested and the chargesheet was filed before the learned Trial Co ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refrom the contraband in different times were seized and that they were in constant touch. Learned APP points out to paras mentioning the call records and the number of calls made across to and from the mobile phone of the applicant are indicated to submit that the applicant has been actively in touch with the other accused persons and therefore, the complicity and culpability of the applicant in the present case cannot be ruled out. 12. Learned APP further refers to para 12 of the said Status Report to rebut the theory so raised by the learned counsel for the applicant, on the grounds of applicant's location on the date of apprehension being different from the alleged place from where the applicant was apprehended on the basis of the location of the cellphone. In that, according to the learned APP, the aerial distance between the said mobile towers is around 1000-1200 meters and the place of apprehension is surrounded by ridge area having various towers and therefore, such theory of applicant can be debunked outrightly and scientifically. Moreover, learned APP submits that this issue would be a subject matter of trial. 13. Learned APP also relies upon the FSL report chemical ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... udgments of the Supreme Court as under :- Rabi Prakash vs. The State of Odisha (SLP (Crl.) No(s). 4169/2023 rendered on 13.07.2023 :- 4. As regard to the twin conditions contained in Section 37 of the NDPS Act, learned counsel for the respondent - State has been duly heard. Thus, the 1st condition stands complied with. So far as the 2nd condition re: formation of opinion as to whether there are reasonable grounds to believe that the petitioner is not guilty, the same may not be formed at this stage when he has already spent more than three and a half years in custody. The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii)of the NDPS Act. Mohd. Muslim @ Hussain vs. State (NCT of Delhi) (Crl.A. No. 943/2023 rendered on 28.03.2023 :- A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitiv ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... al antecedents qua the aforesaid act of drug use. The material detected is the medicine Codenine but of 10 litres. Taking in to consideration the period of sentence undergone by the appellant and all the attending circumstances but without expressing any views on the merits of the case, we are inclined to grant bail to the appellant on terms and conditions to the satisfaction of the trial court." 17. It is manifest from the perusal of the Nominal Roll on record that the applicant has already spent 03 years 08 months and 10 days (approx.) in judicial custody and is thus entitled to be released on regular bail by virtue of the ratio laid down by the Supreme Court in Rabi Prakash (supra) and Mohd Muslim (supra). 18. Though the FIR was registered on 16.10.2019, the trial is still at the stage of examination of prosecution witnesses and it appears that it would take some time for the prosecution evidence to be concluded and thus, the liberty of an individual cannot be restrained without any reasonable cause. 19. Moreover, the applicant has no other previous involvement and no such material has been placed on record by the respondents to indicate that the applicant, if released, would ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ourt concerned and shall under no circumstances leave Delhi without prior permission of the Court concerned; b. He shall cooperate in the trial and shall appear before the Court as and when required; c. He shall provide his mobile number(s) to the SHO/IO of concerned Police Station and keep it on his person and operational at all times; d. He shall drop a PIN on the Google map to ensure that his location is available to the SHO/IO of the concerned Police Station; e. He shall not indulge in any criminal activity of any nature whatsoever. f. He shall not directly or indirectly make any inducement, threat or promise to any person acquainted with the facts of the case or tamper with the evidence of the case, in any manner whatsoever; and g. In case of change of residential address and/or mobile number, the same shall be intimated to the Investigating Officer/ Court concerned by way of an affidavit. 22. Any infraction of the abovesaid conditions shall make the applicant liable for revocation of the present bail so granted. 23. Nothing in this Order shall be construed as an expression of opinion on the merits of the pending matter. 24. With the aforesaid conditions, the ba ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
