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TMI Blog2025 (1) TMI 1366X X X X Extracts X X X X X X X X Extracts X X X X ..... Crime Bureau, New Delhi ["NCB"] received a reference from the Interpol Drug Unit concerning three parcels that had arrived in India from Belgium and were suspected to contain prohibited drugs. The details of the recipients of these parcels are as follows: - (i) Arjun Gupta at Mumbai, (ii) Anil Kumar at Baraut Tehsil, Prayagraj and (iii) Rohit Yadev at Gokul Dhaba, Prayagraj. The Interpol reference further informed NCB that 2 out of the 3 parcels were detained by Customs and the third was at a collection point awaiting further action. Upon receiving this intelligence, the NCB contacted the Customs Department to ascertain the status of the parcels. The Customs Department confirmed that two of the parcels were custody. 2.2 Acting on this information, the two suspected parcels detained by Customs were seized by the CBI at the Foreign Post Office, Kotla Road, New Delhi. In the presence of two independent witnesses from the Customs Department, the parcels were opened at the Foreign Post Office. Upon inspection, the parcels were found to contain pills of various colours, which, when tested using an NDPS Detection Kit, tested positive for MDMA. Consequently, on 06th July, 2023, 2 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rial Court in Delhi. 2.6 Furthermore, another suspect, Anil Kumar, in whose name one of the parcels was addressed and who is identified as the driver of the Applicant, also telephonically contacted the Postman on 11th July, 2023, to inquire about the parcel in his name. However, unlike the Applicant, Anil Kumar did not visit the Post Office to take delivery of the parcel and is presently absconding. 2.7 The Postman who witnessed the entire incident has provided a statement under Section 161 of the CrPC. He stated that on the morning of the incident, the Applicant, Mohit Jaiswal, approached him and inquired about the parcels received under the names of 'Rohit Yadev' and 'Anil Kumar'. The Applicant explicitly informed the Postman that both parcels belonged to him and that he would come to collect them. Later, when the person arrived to collect the parcels, the Postman identified him as the Applicant, Mohit Jaiswal. He also confirmed receiving calls from both Mohit Jaiswal and Anil Kumar regarding the collection of the parcels. 2.8 During interrogation, the Applicant disclosed in his statement dated 13th July, 2023, that he acted under the instructions of his brother-in-law, Vinod ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... s that during the initial period of custody, the Applicant was forced to sign sheets of paper that were already written, without his voluntary affirmation or comprehensive understanding and he was also forced to sign a document which was backdated as 13th July, 2023. 4. Counsel further submits that the Applicant was merely assisting his brother-in-law, Vinod Jaiswal, who resides in Mumbai, by collecting the parcels on his behalf. The Applicant had no knowledge of the contents of the parcels and thus lacked the necessary element of conscious possession under the NDPS Act. In support of this submission, reliance is placed on the judgement of this Court in Sunil Kumar v. DRI Bail application no. 3031 of 2022, decided on 15th July, 2024., wherein the Court granted bail to an accused person on the ground that that they were unaware of the contraband contained in the parcel and were only assisting another individual in collecting it. 5. Additionally, counsel for the Applicant argues that nothing incriminating has been found to link the Applicant to the alleged drug trafficking network. The Applicant was neither the sender not recipient of the parcel and his name is not mentioned in any ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 29 of the NDPS Act. The contraband recovered from the parcels, which the Applicant attempted to collect, weighs as 1880 grams of MDMA, far exceeding the commercial quantity threshold of 10 grams under the Act. Consequently, the rigours of Section 37 of the NDPS Act are squarely attracted in the present case. The Applicant must meet the twin conditions under Section 37 (1) (b) of the Act for grant of bail, namely: (i) the Court must be satisfied that there are reasonable grounds to believe the accused is not guilty of the alleged offence, and (ii) the accused is not likely to commit any offence while on bail. 9. During the investigation conducted by CBI, based on information received from Interpol, the Applicant was apprehended while attempting to collect parcels containing psychotropic substances. The Applicant's contention that he was not in possession of the parcels and had no knowledge of their contents is, prima facie, unsustainable. The Applicant's conduct, as revealed during investigation, establishes prima facie evidence of conscious possession. The Applicant went to the Post Office in person, enquired about the parcels and attempted to collect them. Despite not being ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... and there is prima facie credible evidence which links him to a larger conspiracy. Thus, the Court does not deem it fit to grant bail to the Applicant at the present stage. 13. The Court acknowledges that the Applicant has been in judicial custody since 13th July, 2023, and that a chargesheet has been filed against him. However, the investigation into the broader conspiracy of international drug trafficking remains ongoing. While the right to a speedy trial, guaranteed under Article 21 of the Constitution, is unfettered by the stringent requirements of Section 37 of the NDPS Act, however this right does not, in the present circumstances, aid the Applicant. The duration of the Applicant's incarceration is not exceptionally long, and there is no indication that the trial is being unduly delayed due to any lapse on the part of the prosecution. Instead, the ongoing investigation into the larger conspiracy involving organised drug trafficking justifies the need for continued scrutiny. The Court must, therefore, strike a balance between safeguarding the Applicant's individual rights and addressing the larger societal interest of dismantling drug trafficking networks and uncovering the s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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