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TMI Blog2022 (6) TMI 372X X X X Extracts X X X X X X X X Extracts X X X X ..... yee with accused No.1. The counsel also not disputes the fact that the said parcel contains 493.5 grams of MDMA and the report is also before the Court. While 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 t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 grams, 521.5 grams and 523.5 grams of pills respectively, totally weighing 1.538 grams alleged to be MDMA was seized under the mahazar. After registration of the case, the investigation was started and implicated this petitioner and accused No.1 and the seized article was also sent to the FSL and report is also received. Though 1.538 grams of pills were seized, out of the same, 493.5 grams is MDMA and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... d 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 accused No.1 in drug trafficking and this Court has granted bail in favour of accused No.1 only on the ground that parcel was standing in the name of this petitioner and the phone mentioned therein also belongs to this petitioner. Hence, bail was granted and this petitioner cannot claim parity on the ground that already accused No.1 is granted bail. 6. Learned Assistant Solicitor General appear ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he 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 petitioner before this Court is that, he was working as an employee with the accused No.1 and he was discharging his duties as an employee with accused No.1. The counsel also not disputes the fact that the said parcel contains 493.5 grams of MDMA and the report is also before the Court. 9. It has to be noted that MDMA is a manufactured drug and the quantum seized, as rightly point ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ufactured 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 against the society at large. 11. The Apex Court also, in the judgment in Crl.A.No.375/2021 referred (supra) by the learned ASG, compared the offence of murder as well as the offence under NDPS Act and the very offence alleged against the petitioner is against the society at large and if it is allowed to be continued, it affects the society at large, particularly, the adole ..... X X X X Extracts X X X X X X X X Extracts X X X X
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