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TMI Blog2020 (3) TMI 730X X X X Extracts X X X X X X X X Extracts X X X X ..... nor 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. - BAIL APPLN. 78/2020 - - - Dated:- 11-2-2020 - HON'BLE MR. JUSTICE BRIJESH SETHI Petitioner: Mr. Nitin Sehgal And Mr. Alok, Advocates. Respondent: Mr. B. S. Arora, Advocate. JUDGMENT BRIJESH SETHI, J. 1. Vide this order I shall dispose of a bail application filed u/s. 439 CrPC by the petitioner Ganesh Pun in Case No. SC 29/201 u/s. 8 (c) 22 (b) of NDPS Act. 2. Ld ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... wn at that time and this violates the standing order No. 01/88, 02/ 88 and 01 /89 issued by Govt. of India. It is submitted that the samples were also drawn by the prosecution after a delay of about more than a year. Procedure laid down in section 50 of the act was also not followed. It is further submitted that the parcel was booked on 08.02.2018 but the dealing clerk has identifed the petitioner in NCB office on 25.09.2018 i.e. after about more than seven months. No TIP of the petitioner was conducted as per law. 4. It is next submitted that the alleged recovery is not of commercial quantity. The prosecution has filed the charge-sheet before the concerned court. The charge has also been framed against the petitioner and the case is no ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o USA and consigner of the parcel was mentioned as Sushma Chetri, Arabinda Pelly, Patulia, Titagarh, West Bangal, Kolkata-70019 mobile no. +91-9123704743 and the consignee name was mentioned as Mrs. Michele Barnett 5701, Kinsley Circle, PLANO, TX-75093 USA email-mbgnnett33@ gmail.com. A letter was sent to Kolkata Zonal Unit, Kolkata for taking follow up action. Vide letter dated 20.04.2018 IO,NCB/Kolkata Zonal Unit had informed that the Sushma Chetri has sold the said property and was residing at Flat No. 1C, Block-71, Green Field City, Kolkata/24 Pargana and thereafter shifted to another Flat No. 2D, Block No. 72, Green Field City, Maheshtala with her husband namely Ganesh Pun. 8. The NCB/DZU team along with the NCB/Kolkata Zonal Unit ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 2. 06 Strips each 08 Tablets of Spasmodon (400 mg) Tablets containing Tramadol. 3. 02 Strips each of 15 Tablets of Clpnotril -1 (1 mg) Tablets containing Clonazepam. 4. 04 strips each (97 tablets) of Ativan (2 mg) Tablets containing Lorazepam. 5. 14 Strips each of 10 tablets of Alzolam -1.00 (1 mg) Tablets containing Alprazolam. 6. 03 Strips each of 10 tablets of Trika-l (1 mg) Tablets containing Alprazolam. 7. 03 strips (37 tablets) of Zolfresh (10 mg) Tablets containing Zolpidem. 8. 03 Strips (40 Tablets) of Stilnoct (12.5 mg) tablets Containing Zolpidem. 9. Sushma Chettri had made her voluntary statement and disclosed that the mobile number and the Photo ID attached with the parcel bearing AWB No. 60532358 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e 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. 13. In view of the above facts appearing on record and nature of offence, no grounds for g ..... X X X X Extracts X X X X X X X X Extracts X X X X
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