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TMI Blog1990 (7) TMI 111X X X X Extracts X X X X X X X X Extracts X X X X ..... 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 and under Section 135(1) of the Customs Act. 2. The Petitioner is a partner of Messrs Geeta Travels. He works as a clearing agent. On 7-11-1989 one Onu, foreign national, gave one wooden crate to the Petitioner for sending it to Lagos. Onu had given him travel documents being bills issued by Regal Glass Wares, passenger ticket and pass ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ner had informed Mr. Kakkar, Officer from the Narcotic Control Bureau, when attempt was made by foreign nationals to smuggle narcotic drugs. There was no sufficient time to contact Kakkar. The Petitioner decided to inform him on the next day. On 8-11-1989 in the morning the Officers of the Customs Department went to the office of the Petitioner and took away the crate. They found that Narcotic dru ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... or three occasions before the incident, had given information to the Department when he found that there was an attempt to export drugs. 4. Mr. Gupte, the learned Special Public Prosecutor for the Customs, argued that the conduct of the Petitioner in not informing the authority immediately would show that there was a conspiracy and the Petitioner abetted the offence of exporting narcotics. He arg ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... a hole on the plank as it was rather heavy. It was only then found that some drugs was concealed. The crate was opened by the Petitioner in the presence of his two servants. Had there been any conspiracy, the Petitioner would have not opened the crate in the presence of his servants. There were laches on the part of the Petitioner in not informing the authorities immediately. But in his statement ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ances compatible with the Petitioner's innocence and it is unlikely that he would abscond, in my view, he may be granted bail. I am sure, the trial Court will not be influenced by observations made by me in this Order, and decide the case on independent assessment of the evidence and according to law. 7. In the result, I allow the Application. The Petitioner be released on bail of Rs. 50,000/- wi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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