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TMI Blog2020 (11) TMI 838X X X X Extracts X X X X X X X X Extracts X X X X ..... rafficking. The accusation in the present case is with regard to commercial quantity. As per Section 37 of the NDPS Act, if a person is accused of enumerated offences under the said provision and in case, the Court proposes to grant bail to such a person, two conditions are to be mandatorily satisfied in addition to the normal requirements under the provisions of the Cr.P.C. or any other enactment. Firstly the Court must be satisfied that there are reasonable grounds for believing that the person is not guilty of such offence. Secondly that person is not likely to commit any offence while on bail. The facts appearing on record prima facie reveal that petitioner is involved in drug trafficking and this Court is of the opinion that there ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... re of punishment, character and nature of evidence, chances of tampering with the prosecution evidence and chances of fleeing from justice and, status of the accused person and all the cumulative factors are required to be considered while granting bail and bail jurisdiction cannot be exercised in a capricious and arbitrary manner depriving the petitioner of his right to secure liberty by following the procedure established by law. 4. It is further submitted that NCB officials after conducting the investigation, have filed the police report before the Ld. Trial court and the investigation stands completed, and the petitioner is no more required by the investigating agency and since the matter is at the initial stage of prosecution eviden ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 7830, v). niranjan Jayantilal Shah v. Dte. Of Revenue Intelligence, 2013, SCC OnLine Del. 4608, vi). Rajesh Sharma v. Directorate of Revenue Intelligence, B.A. No. 1590/2018, decided on 16.11.2018. vii) Sartori Livio v. State (Delhi Admin) B.A. No. 89/2005, decided on 22.02.2005, viii) Lambert Kroger v. Enforcement Directorate, Crl.M.(M) No. 2580/99, decided on 28.02.2020 ix) S. Hussain Mohammed Hussain anr. v. The Sr. Intelligence Officer, Dte. of Revenue Intelligence Cell, Tuticorin, Crl. A. (MD) No. 812 of 2004, decided on 30.04.2010. 7. I have gone through the above case laws. However, the same are distinguishable on the basis of facts and circumstances stated therein. It is well settled that judicial precedent ca ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rty envisaged under Article 21 of the Constitution. Section 439 of The Code of Criminal Procedure, 1973, which is the bail provision, places responsibility upon the courts to uphold procedural fairness before a persons liberty is abridged. Although bail is the rule and jail is an exception is well established in our jurisprudence, we have to measure competing forces present in facts and circumstances of each case before enlarging a person on bail. (Emphasis supplied) 9. As per prosecution case, on 10.01.2019, on the basis of a secret information, co-accused i.e. Kelvin George Katindasa was intercepted at IGI Airport New Delhi while he was travelling to Dar Es Salaam via Doha and during search 24.5 kg of Pseudoephedrine was re ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng. He further disclosed that on 09.01.2019 he (petitioner Nagary Ally Kombo) asked Kelvin George Katindasa to reach INA Market and on his direction, Kelvin George Katindasa reached there, where he received a bag from one person namely Chinedu. The said bag contained Pseudoephedrine. He further disclosed that he had booked ticket of Kelvin George Katindasa for his journey to Dar Es Salaam. It is submitted that petitioner has tendered his voluntary statement U/s 67 of the NDPS Act and same is admissible in evidence. 11. Perusal of record, thus, reveals that petitioner Nagary Ally Kombo had directed Chinedu to handover the bag containing contraband to co-accused Kelvin. During investigation of the case, Mobile phones of the petitioner as w ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... on, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.] 12. The facts appearing on record prima facie reveal that petitioner is involved in drug trafficking and this Court is of the opinion that there are no reasonable grounds to believe that he is not guilty of offence charged. Huge quantity of Pseudoephedrine weighing 24.5 kg, has been recovered. Moreover, since the charge-sheet ..... X X X X Extracts X X X X X X X X Extracts X X X X
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