2021 (4) TMI 362 - HC - Indian Laws

Seeking grant of Bail - Smuggling - suspected parcels containing MDMA drugs, weighing 150 gms - contraband articles seized from the possession of the petitioner - case of Revenue is that investigation clearly revealed that the said drugs were purchased and ordered by the petitioner through parcel from Netherland, he is from the Kerala State - HELD THAT - This Court has considered the entire material on record and detailed orders are passed and dismissed the petition. Except the contention that the petitioner s father is unwell, there is no other additional ground addressed by the learned counsel for the petitioner. As per the records, seized drug is 150 gms which is 15 times more than the commercial quantity and worth of ₹ 15.00 lakhs. The alleged offence is a heinous one. If the petitioner is granted bail, there is every possibility of tampering the witnesses and absconding the case is not ruled out. The petitioner has not made out any fresh ground for considering the bail petition - Petition dismissed.

Summary

Issues:
1. Bail petition under Section 439 of Cr.P.C. for offences under NDPS Act.
2. Grounds for granting bail based on innocence and lack of connecting evidence.
3. Objections to bail petition based on previous dismissal and incriminating evidence.
4. Consideration of previous rejection of bail petition and heinous nature of the offence.

Issue 1: Bail petition under Section 439 of Cr.P.C. for offences under NDPS Act
The petitioner filed a successive bail petition under Section 439 of the Cr.P.C. seeking bail in a case pending before the Special Court for NDPS in Bengaluru. The petitioner was accused of offences under Sections 8(C), 22(C), 23(C), 27, 28, and 29 of the NDPS Act based on a complaint filed by the Inspector of Customs. The case involved suspected parcels received by the post office in the petitioner's name containing MDMA drugs.

Issue 2: Grounds for granting bail based on innocence and lack of connecting evidence
The petitioner, through counsel, contended innocence, highlighting the lack of connecting evidence other than the parcels received in his name. It was argued that no contraband articles were found in his possession despite searches. The petitioner, a BBA student with ailing father, emphasized readiness to comply with any conditions for bail. The defense stressed the absence of substantial material linking the petitioner to the alleged offences.

Issue 3: Objections to bail petition based on previous dismissal and incriminating evidence
The Special Counsel representing the respondent vehemently opposed the bail petition, citing lack of fresh grounds post the previous dismissal of a similar petition. Incriminating evidence included the petitioner's admission of ordering drugs through Darknest.com and payment via bitcoins. The investigation revealed the petitioner's involvement in purchasing drugs from Netherland, indicating a lack of fresh grounds for bail consideration.

Issue 4: Consideration of previous rejection of bail petition and heinous nature of the offence
The Court noted the previous dismissal of the petitioner's bail petition by a Co-ordinate Bench, emphasizing the gravity of the offence due to the significant quantity of seized drugs. The Court highlighted the heinous nature of the alleged offence, the risk of witness tampering, and potential absconding if bail were granted. Despite the petitioner's father's health condition, the Court found no fresh grounds warranting bail and ultimately dismissed the petition based on the lack of new compelling reasons for reconsideration.

In conclusion, the Court dismissed the successive bail petition, considering the gravity of the offence, lack of fresh grounds, and the risk of witness tampering and absconding if bail were granted.