2020 (3) TMI 730 - HC - Indian Laws

Smuggling - Recovery of psychotropic substance - Narcotic Drugs - bail application - HELD THAT - Perusal of the facts appearing on record prima facie reveal that petitioner is dealing with narcotics drugs. He has tried to send the drugs by concealing the same in a parcel. Later on, a raid was conducted at his residence in Calcutta and huge quantity of psychotropic tablets were recovered from there. Ld. Counsel for the petitioner has submitted that petitioner has been granted bail in the other case. However, the Ld. APP has clarified the fact that it was a default bail granted by Court since charge sheet was not filed within the statutory period. So far as minor discrepancies or contradiction in prosecution version are concerned, these will no doubt be considered by the Ld. Trial court at the appropriate stage but these cannot be examined at this stage as the law is well settled that at the time of bail, the evidence need not be discussed or analyzed in detail. Bail application dismissed.

Summary

Issues:
Bail application under section 439 CrPC in a case under NDPS Act involving allegations of drug possession and trafficking.

Analysis:
1. The petitioner sought bail claiming innocence and false implication, emphasizing delays in sample collection, lack of following prescribed procedures, and absence of a Test Identification Parade (TIP) as per law.
2. The prosecution opposed bail, citing the seriousness of the allegations.
3. The judge considered the arguments, noting the petitioner's involvement in another case related to drug recovery in Kolkata.
4. The prosecution detailed the seizure of psychotropic tablets from a parcel destined for the USA and the subsequent recovery from the petitioner's residence in Kolkata.
5. The judge highlighted the significant quantities of various drugs found during the raid at the petitioner's residence.
6. Statements from the accused and witnesses indicated the petitioner's involvement in concealing and sending drugs through parcels.
7. The petitioner's grant of bail in the Kolkata case was clarified as a default bail due to statutory timelines.
8. The judge observed the prima facie involvement of the petitioner in drug-related activities, leading to the dismissal of the bail application.
9. The decision emphasized that minor discrepancies in the prosecution's version would be addressed during trial, as detailed evidence analysis is not required at the bail stage.
10. Considering the nature of the offense and the evidence presented, the judge concluded that no grounds for bail were established, leading to the dismissal of the application.