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TMI Blog2021 (12) TMI 613X X X X Extracts X X X X X X X X Extracts X X X X ..... f commercial quantity of psychotropic subtances as contemplated under the NDPS Act. In the absence of any psychotropic substance found in the conscious possession of A-4, mere reliance on the statement made by A-1 to A-3 under Section 67 of the NDPS Act is too tenuous a ground to sustain the impugned order dated 15th July, 2021 - SLP disposed off. - PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 5703 OF 2021 PETITION FOR SPECIAL LEAVE TO APPEAL (CRL.) NO. 8919 OF 2021 - - - Dated:- 13-12-2021 - CJI. [N. V. RAMANA] , [JUSTICE SURYA KANT] And [JUSTICE HIMA KOHLI] For the Petitioner : Mr. Gopal Sankaranarayanan, Sr. Adv. Mr. R.C. Paul Kanagaraj, Adv. Mr. Karuppaiah Meyyappan, Adv. Mr. Raghunatha Sethupathy B., Adv. Kanika Kalaiyarasan, Adv. Mr. Shrutanjaya Bhardwaj, Adv. Mr. Abhishek Kalaiyarasan, Adv. Ms. Pariksha, Adv. Mr. Nirnimesh Dube, AOR Mr. Anand Grover, Sr. Adv. Ms. Tripti Tandon, Adv. Mr. Satbir Singh Pillania, Adv. Mr. Sandiv Kalia, Adv. Mr. Nand Ram, Adv. Mr. Somvir Deswal, Adv. Ms. Reena Rao, Adv. Dr. Sushil Balwada, AOR For the Respondent : Ms. Aishwarya Bhati, ASG Mr. Rupesh Kumar, Adv. Mr. Archna Pathak Dave, Adv. Mr. Rajat Nair, Adv. Ms. Deepabali ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ablets, on orders received from Bharat Chaudhary [A-4], officers of DRI, Jaipur Unit conducted a search at his residence at Jaipur on 16th March, 2020 and seized some incriminating material. Thereafter, he was arrested on 17th March, 2020 for contravening the provisions of Section 8(c) punishable under Sections 22(c), 24 and 29 of the NDPS Act. On being granted transit bail by the learned Chief Metropolian Magistrate, Jaipur, A-4 was produced before the NDPS Court at Chennai on 19th March, 2020 and remanded on the same day. 4. Vide order dated 2nd November, 2020, the learned Special Judge, EC NDPS Cases, Chennai granted bail to Bharat Chaudhary[A-4]. The Petition for Special Leave to Appeal (Criminal) No. 5703 OF 2021 reasons that weighed with the said Court for granting bail to A-4 were that :- (i) he was not found to be in possession of any psychotropic substance and no contraband was recovered from his residence or office during the search; (ii) the electronic gagets/devices that were seized from the office of A-4 had been sent for obtaining a scientific report which was still awaited; (iii) while 1,37,665 tablets were seized from four different locations in Chenna ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d not form the basis for granting any relief to A-4. As for the observation of the Special Judge, EC NDPS Cases that the test reports received by the prosecuting agency on 22nd November, 2019 revealed that many of the tablets were sexual enhancement drugs and not covered under the NDPS Act, the High Court opined that the test reports did not totally negate the fact that the seized contraband goods were not narcotic substances. Much emphasis was laid on the total quantity of the contraband seized and it was held that once the test reports showed that some of the tablets contained narcotic substances, it was sufficient to refuse bail to A-4. Critical of the approach of the trial Court that held that since the test reports were not filed by the prosecuting agency along with the complaint, the benefit ought to enure in favour of A- 4, the High Court observed that, by the time the Special Judge, EC NDPS Cases had pronounced the order on 2nd November, 2020, test reports were available and ought to have been taken into consideration. 7. Appearing for Bharat Chaudhary [A-4], Mr. Gopal Shankaranarayanan, learned Senior Advocate has assailed the impugned order contending that there wa ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rred to under Section 42 of the NDPS Act. 9. Per contra, Ms. Aishwarya Bhati, learned Additional Solicitor General appearing for DRI has supported the impugned judgment and vehemently argued that A-4 is the mastermind behind the entire criminal conspiracy and he, in connivance with A-1, has been supplying contraband to A-1 to A- 3, for being illegally exported abroad under the garb of sex enhancement tablets. She alluded to the 71 samples sent for testing and the test report of CRCL, Chennai dated 18th December, 2019 confirming the presence of narcotic substances along with male potency increment drugs and strenuously argued that the nexus between A-4 and A-1 to A-3 is not only established through the statements of A-1 to A-3 recorded under Section 67 of the NDPS Act, but also from the documents in the form of printouts of the data downloaded from the moblie phone and laptop of A-4, in particular, the Whatsapp chats and bank transactions between A-1 and A-4. Submitting that since the twin tests laid down under Section 37 of the NDPS Act in respect of commercial quantity for grant of bail have not been satisfied, the impugned order does not deserve interference. 10. After care ..... X X X X Extracts X X X X X X X X Extracts X X X X
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