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Issues:
- Bail application filed by petitioners involved in a conspiracy to export psychotropic substances. - Prima facie case against petitioners based on evidence collected during investigation. - Argument for bail based on co-accused being granted bail previously. - Petitioners' claim of lack of awareness regarding the nature of the substances involved. - Legal principles related to criminal conspiracy and evidence under the Narcotic Drugs & Psychotropic Substances Act, 1985. - Consideration of the nature of the substances found in possession of the petitioners. - Balance between investigating agency's rights and accused's liberty in granting bail. Analysis: The bail application by the petitioners, involved in a conspiracy to export psychotropic substances, was dismissed by the court. The investigation had concluded, and a charge-sheet had been filed, indicating a prima facie case against the petitioners. The court emphasized that the mere filing of a charge-sheet does not automatically entitle the petitioners to bail. The Narcotic Drugs & Psychotropic Substances Act, 1985, specifies that offenses under the Act are non-bailable, placing the burden on the petitioners to demonstrate that their guilt is not established prima facie. The petitioners argued for bail based on a co-accused being granted bail previously. However, the court held that the principle of parity between co-accused applies only when they are similarly situated. The court cited legal precedents emphasizing the need for consistency in judicial decisions and the requirement for co-accused to be in comparable circumstances for bail considerations. The petitioners claimed lack of awareness regarding the nature of the substances, asserting they believed the tablets were for medical purposes. However, the prosecution contended that each petitioner played a specific role in the conspiracy, as evidenced by their statements under the Narcotic Drugs & Psychotropic Substances Act. The court highlighted the elements of criminal conspiracy, emphasizing the agreement between conspirators and the unity of purpose to commit an illegal act. Regarding the substances found in possession of the petitioners, the court noted the presence of psychotropic Mandrax Tablets, emphasizing the substantial quantity involved. The court considered the statements made by the petitioners as indicating their involvement in the offense, leading to a prima facie suspicion against them. In balancing the rights of the investigating agency and the liberty of the accused, the court highlighted the importance of upholding individual liberty within the constraints of the rule of law. The court emphasized the need to consider the seriousness of the offense and the potential impact on public safety when deciding on bail applications. Ultimately, the bail applications of the petitioners were dismissed, and the trial was scheduled to commence promptly to ensure expeditious proceedings.
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