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2021 (12) TMI 235

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..... ion to the tramadol and other narcotic tablets were being used by petitioners along with Barun Chauhan. It is alleged all the orders of Tramadol tablets were received from India or other countries through mail or on phone were forwarded by Barun Chauhan for confirmation and thereafter to Mr.Lutz at Singapore through mail - Admittedly, the incriminating material has been seized from the mobiles, laptops of petitioners categorically demonstrate trafficking/ transportation/shipping/ external dealings in Tramadol and other psychotropic substances/drugs from India to UK and Singapore etc and petitioners are involved in external trading. The simplictor statement under Section 67 of the NDPS Act may not be admissible under Section 25 of the Ind .....

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..... her recovery of 12000 tablets of Tramadol (4.800kg) was effected from his residence at Lucknow, UP, seized on 01.02.2020. Consequent upon the recovery from the parcel and from the residence of Dipu Singh and based upon his voluntary statement under Section 67 of the NDPS he was arrested on 02.02.2020. He disclosed the names of Tejas patel, Sachin Makade/petitioner herein, Barun Chauahn, and Bablu Bhagwan Dangre/petitioner in Bail Application No.3721/2020, all of them tendered their statements under Section 67 of the NDPS and their association in the commission of crime. 2. On the basis of the information dated 09.02.2020 it came to the knowledge of prosecution that Tejas Patel and other persons of M/s.Azesto Impex Private Limited, Nagpur .....

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..... ection 67 NDPS of the aforesaid person were recorded wherein they admitted their involvement in trafficking/ transportation/shipping/external dealings in Tramadol and other psychotropic substances/drugs from India to USA, UK and Singapore to and other European countries. 4. Petitioner Sachin Makade was arrested on 12.02.2020 and Bhagwan Dangare on 21.02.2020. During the investigation, reports along with data and exhibited documents were received from SIFS India Forensic Laboratory and from the mobile phones seized from Sachin Makade, data was extracted from mirror image showing huge chatting regard to NRX tablets and chatting with Lutz at Singapore, Bitcoin transactions. Other incriminating documents were also found. Further from the Lap .....

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..... nge before this Court in various petitions, as to if these are admissible at this stage or not without any certificate under Section 65B of the Indian Evidence Act. Even otherwise, it is submitted under Section 37 NDPS probability of committing crime in future needs to be seen. 7. Reference is made to Mohit Aggarwal vs NCB Bail Application No.2585/2020 decided on 16.03.2021 wherein the Court observed:- 32. Keeping in mind the observations made in Tofan Singh (Supra) and upon a bare reading of petitioner s statement recorded on 09.01.2020, it is apparent that petitioner has not admitted that he was a party to the transaction or in possession of recovered and seized contraband substance. Though he has admitted in custody to have illeg .....

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..... ramadol and other narcotic tablets were being used by petitioners along with Barun Chauhan. It is alleged all the orders of Tramadol tablets were received from India or other countries through mail or on phone were forwarded by Barun Chauhan for confirmation and thereafter to Mr.Lutz at Singapore through mail. Petitioner Bablu Bhagwan Dangre disclosed the mail ID i.e. [email protected] and petitioner Sachin Makade used to operate his laptop and had given the printout of mails in connection with orders of Tramadol tablets during the custody period with NCB. 11. Admittedly, the incriminating material has been seized from the mobiles, laptops of petitioners categorically demonstrate trafficking/ transportation/shipping/ external deal .....

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