9911796707
TMI Blog2022 (6) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... arcotic Drugs and Psychotropic Substances Act, 1985 ('the NDPS Act' for short). 2. Heard the learned counsel appearing for the petitioner and the learned Assistant Solicitor General appearing for the respondent/State. 3. The factual matrix of the case of the prosecution is that on 10.05.2021 at 1:00 p.m, an information was received regarding a parcel suspected to have containing MDMA pills lying at the Foreign Post Office at Chamarajpet, Bengaluru. Based on that information, an FIR was registered against unknown person, mentioning the details of the parcel as per the information received. The NCB officers visited the post office and verified the parcel in the presence of panchas, which was containing 3 polythene packets, wherein, 493.5 gr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ndent would submit that the quantum of parcel seized is 1.538 grams and out of which, FSL report confirms that 493.5 grams is MDMA and the same is almost 10 times of the commercial quantity. He would also vehemently contend that it is an offence against the society at large and the Court has to take note of the gravity of the offence and the seriousness of the allegations made in the complaint and the material collected by the respondent. He also brought to the notice of this Court the fact that the parcel contains the name of this petitioner and the phone number mentioned therein also stands in the name of this petitioner and from the voluntary statement of this petitioner and accused No.1, it is clear that, this petitioner was assisting a ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... estigation in the case is still pending. The petitioner has been charge sheeted for a serious offence where the minimum punishment prescribed is of ten years and therefore, not inclined to exercise our discretion in favour of the petitioner by interfering with the impugned order. In the said case, the petitioner was charged for the offences punishable under Sections 28, 29 and 30 of the NDPS Act. 8. Having heard the respective counsel and also on perusal of the material on record, on receipt of credible information, the parcel was seized in the post office and the same contains the name and phone number of this petitioner. The same is not disputed by the petitioner before the Court. But, the only contention of the learned counsel for the p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... exercising the discretion, the Court has to keep in mind the very proviso of Section 37(1)(b)(II) of the NDPS Act and the same has to be satisfied by a person, who approaches the Court. In the case on hand, admittedly, the parcel was in the name of this petitioner and the phone number mentioned in the parcel also belongs to this petitioner and the quantum of MDMA which is a manufactured drug seized is 493.5 grams which is 10 times the commercial quantity. It has to be noted that, while exercising the discretion, the Court has to keep in mind the fact that, to combat the menace in the society, the special enactment of NDPS Act was brought into force, when the IPC and other penal provisions are inadequate to prevent the offences which are ag ..... X X X X Extracts X X X X X X X X Extracts X X X X
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