9911796707
TMI Blog2021 (12) TMI 235X X X X Extracts X X X X X X X X Extracts X X X X ..... House, IGI Airport, which are narcotics medicine covered under the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as NDPS). The consignor /accused Dipu Singh was located in Lucknow. He was apprehended and further 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 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hey informed they book orders from Singapore for foreign countries through Lutz. Accordingly, mobile phones and laptops of Sachin Makade, Barun Chauhan and Tejas Patel were seized vide Panchnama dated 11.02.2020. The statements under Section 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 s ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... om their laptops and/or their mobile phones of some earlier dealings made by them. It is alleged the only evidence against the petitioner is the mobile chats etc, the evidentiary value of it, is already a subject matter of challenge 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 statem ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n Dangre allegedly had a company under the name of Krivi Infotech which used to deal with narcotic tables and an bank account in HDFC Bank, Nagpur and all the payments were received in this account in relation 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. 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 tablet ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... te, which was to be given by a third party over whom the Respondents had no control, must be relieved of the mandatory obligation contained in the said Sub-section." 15. Similar view was taken in Engineering Analysis Centre of Excellence Private Limited vs. The Commissioner of Income Tax and Ors. 2021 (1) CCC 257. Nevertheless, I have been told the NCB has collected Section 65B certificates from Cyber Forensic Expert, who examined the instruments and extracted the data. 16. In view of above, no ground is made out to release the petitioners on bail at this stage. Both the petitions are dismissed with liberty to move afresh after examination of public witnesses qua recovery. Pending application, if any, also stands disposed of. 17. Nothing ..... X X X X Extracts X X X X X X X X Extracts X X X X
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