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Issues: Bail application in a case involving charges under the Narcotic Drugs & Psychotropic Substances Act, 1985 and the Customs Act.
In this judgment, the Petitioner, a partner of a travel agency, was charged under various sections of the Narcotic Drugs & Psychotropic Substances Act, 1985 and the Customs Act for allegedly conspiring to export narcotics. The Petitioner received a wooden crate from a foreign national for sending it to Lagos. Upon inspection, he discovered narcotics concealed in the crate's wooden planks, arousing suspicion. The Petitioner, despite delays in informing authorities, had a history of reporting drug smuggling attempts to the authorities. The defense argued that the Petitioner's actions did not establish conspiracy or abetment, as he disclosed the concealed drugs promptly. The prosecution contended that the Petitioner's failure to inform authorities immediately indicated conspiracy and abetment, citing legal provisions denying bail under the Narcotic Drugs and Psychotropic Substances Act, 1985. The judgment highlighted that the Petitioner did not attempt to smuggle the drugs himself and was unaware of the narcotics concealed in the crate. The Petitioner's role as a clearing agent obligated him to present unaccompanied luggage, like the crate, for customs inspection after the owner's departure. The Petitioner's decision to open the crate in the presence of his servants, revealing the concealed drugs, indicated lack of conspiracy. Although the Petitioner delayed informing authorities, his intention to report the incident was evident from his past actions of reporting smuggling attempts. The court noted the absence of evidence suggesting the Petitioner conspired with the foreign national to smuggle narcotics or made false declarations to clear the crate. The court granted bail to the Petitioner considering his profession as a travel agent and ties to the city, deeming him unlikely to repeat the offense or abscond. The decision emphasized that the trial court should independently evaluate the evidence and apply the law, disregarding the observations made in the bail order. The bail conditions required the Petitioner to furnish a bond of Rs. 50,000 with two solvent sureties of Rs. 25,000 each and report to the Customs Office weekly until the trial commenced. The trial court was tasked with verifying the sureties' solvency before accepting them.
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