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TMI Blog2022 (7) TMI 871X X X X Extracts X X X X X X X X Extracts X X X X ..... to contain NRX tablets, being a narcotic drug, the NCB team reached the said godown and conducted search proceedings. The suspected parcel was identified and opened in the presence of two independent witnesses from amongst the staff members of the courier company. The said parcel was opened and 50,000 Tramadol tablets weighing 20 kgs were recovered. As the tablets contained in the suspected parcel had been mis-declared and were without any valid bill, seizure proceedings were initiated by the officials of the NCB. 4. In the voluntary statement made by the accused, Gaurav Kumar Aggarwal under Section 67 of the NDPS Act, he stated that he had booked the parcel through a courier company to be delivered to Manoj Kumar, resident of Ludhiana, Punjab and that he had purchased the Tramadol tablets recovered during the search proceedings from the respondent herein, without any bill or prescription. Rather, it was mentioned on the parcel that it contained "surgical items". The accused Gaurav Kumar Aggarwal further stated that the respondent herein had purchased the above medicines from one Promod Jaipuria alias Davinder Khandelwal, a resident of Jaipur and the son-in-law of Promod Jaipuria ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he High Court has committed a grave error by not applying the terms and conditions imposed under Section 37 of the NDPS Act; that the offence committed by the respondent falls under the category of recovery of commercial quantity of narcotic drugs and in the light of the embargo placed in Section 37 of the NDPS Act, the respondent ought not to have been admitted to bail and that this is a case of constructive/conscious possession of the contraband substances as the respondent was an active participant in a organized gang that was involved in smuggling of drugs. Lastly, it was stated that there was sufficient circumstantial evidence available against the respondent which would disentitle him for being admitted to bail. 8. On the other hand, Mr. P.K. Jain, learned Advocate-on-Record appearing for the respondent vehemently opposed the present appeal and submitted that the High Court has rightly admitted the respondent to bail after he remained in custody for a period of one year and three months. He submitted that the impugned order was passed after granting a hearing to the counsel for the appellant-NCB and the respondent and the respondent has not violated any of the terms and cond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tion for such release, and (ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail. (2) The limitations on granting of bail specified in clause (b) of subsection (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.] 11. It is evident from a plain reading of the non-obstante clause inserted in sub-section (1) and the conditions imposed in sub-section (2) of Section 37 that there are certain restrictions placed on the power of the Court when granting bail to a person accused of having committed an offence under the NDPS Act. Not only are the limitations imposed under Section 439 of the Code of Criminal Procedure, 1973 to be kept in mind, the restrictions placed under clause (b) of sub-section (1) of Section 37 are also to be factored in. The conditions imposed in subsection (1) of Section 37 is that (i) the Public Prosecutor ought to be given an opportunity to oppose the application moved by an accus ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for." [emphasis added] 14. To sum up, the expression "reasonable grounds" used in clause (b) of Sub-Section (1) of Section 37 would mean credible, plausible and grounds for the Court to believe that the accused person is not guilty of the alleged offence. For arriving at any such conclusion, such facts and circumstances must exist in a case that can persuade the Court to believe that the accused person would not have committed such an offence. Dove-tailed with the aforesaid satisfaction is an additional consideration that the accused person is unlikely to commit any offence while on bail. 15. We may clarify that at the stage of examining an application for bail in the context of the Section 37 of the Act, the Court is not required to record a finding that the accused person is not guilty. The Court is also not expected to weigh the evidence for arriving at a finding as to whether the accused has committed an offence under the NDPS Act or not. The entire exercise that the Court is expected to undertake at this stage i ..... X X X X Extracts X X X X X X X X Extracts X X X X
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