2020 (10) TMI 600 - HC - Customs

Grant of Bail - offence punishable under Section 27(b)/27(d)/28 of the Drugs and Cosmetic Act, 1940 - Section 7/11/46/47 of the Customs Act - Section 21/22(c) of the NDPS (Amendment) Act - HELD THAT - Medicines have been recovered from the house of the petitioner in an alleged search. Without disclosing the source from where he had obtained the medicines, the petitioner was selling the same illegally. Let the petitioner, above named, be released on bail on furnishing bail bond of ₹ 10,000/- (Ten thousand) with two sureties of the like amount each to the satisfaction of the learned District Sessions Judge, Madhubani, in connection with Laukaha P.S. Case No.162 of 2020 (G.R. No.12 of 2020), subject to the conditions imposed - bail application allowed.

Summary

Issues: Bail application under various sections of Acts

Bail Application under Multiple Acts:
The petitioner sought bail in connection with a case involving offenses under the Drugs and Cosmetic Act, Customs Act, and NDPS Act. The recovery of medicines from the petitioner's house led to the allegation of illegal selling without disclosing the source. The petitioner's counsel argued that the medicines were brought as a flavor on request by villagers and were normal drugs, with no recovery of any intoxicant substance. The State opposed the bail application.

Virtual Court Proceedings:
Due to the suspension of physical hearings, the matter was considered through video conferencing. The learned counsels, Court Master, and Secretary participated in the virtual proceedings from their residences using audio-visual technology.

Decision on Bail Application:
After hearing both sides, the Court decided to grant bail to the petitioner upon furnishing a bail bond of ?10,000 with two sureties of the same amount each. The bail conditions included a close relative as a bailor providing an affidavit of relation and undertaking to inform the court of any address changes. The petitioner was required to be well represented in court, with a warning that failure to appear on consecutive dates could lead to bail bond cancellation. The petitioner's counsel was expected to fulfill obligations regarding court fees promptly.

This judgment showcases the adaptation of legal proceedings to virtual platforms during the pandemic. The Court's decision to grant bail considered the nature of the alleged offenses and the arguments presented by both parties. The bail conditions aimed to ensure the petitioner's compliance with court appearances and legal obligations.