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TMI Blog2022 (7) TMI 1555X X X X Extracts X X X X X X X X Extracts X X X X ..... n Section 37(1)(b)(ii) is reasonable grounds . The expression means something more than prima facie grounds. It connotes substantial probable causes for believing that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is not guilty of the offence charged.' Reasonable grounds in terms of Section 37(1) would mean credible, plausible and the grounds for the course to believe that the accused person is not guilty of the alleged offence. Looking to the material compiled in the charge-sheet, it cannot be believed that the applicant has not committed the offence, though finding of his guilt not recorded. Restricting myself to the limited purpose of considering the application for bail, the material in the charge-sheet is focussed and considering the alleged connection between the applicant and the co-accused, the evidence cannot be weighed to reach a conclusion that he has not committed any offence. Mere absence of recovery of the contraband from the applicant is no ground to confer his liberty upon him ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... red at his instance. Referring to the statement of Anuj Keshwani (accused No.9), who has roped in the applicant as supplier of the contraband, the learned counsel would submit that the said statement has been retracted, and in any case, the commercial quantity of Charas is 1 kg. and the Charas/Hashish allegedly supplied by the applicant to co-accused Anuj Keshwani and which is recovered at his instance, is 0.585 kg., which is less than the commercial quantity. The argument advanced is, the statement of the applicant recorded under Section 67 is the only material/which indict him, but since the said statement is not admissible, he deserve his release. Mr. Sayed would further submit that as far as charge under Section 27A is concerned, there is no iota of evidence, which justify framing of the said charge and the position as regards financing directly or indirectly , has been clarified by this Court in case of Rhea Chakraborty Vs. Union of India [BA(St) No.2386/2020 dtd.07/10/20] , and it has been held that only upon a definite act, being attributed, it would amount to financing and this require something more than mere purchase and sale of drug and it has been held that co-accused R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... State of Himachal Pradesh [2020 SCC OnLine HP 1477] wherein it has been categorically recorded that, the mafias work in a clandestine manner and once there is a call detail and investigator attributes the calls for conspiracy attracting Section 29 of NDPS Act, the burden is on the accused to repel the same. Arguing that the menace of dangerous drugs fooding in the market has prompted the Parliament to enact a special enactment and the rigours, being imposed upon the person, accused of the offence under the said enactment, unless the mandatory requirement, as prescribed under Section 37, is adhered to, Mr.Shirsat would submit that the expression reasonable grounds has received an interpretation by the Hon ble Supreme Court to mean, something more than prima facie grounds and it contemplates substantial probable cause for believing that the accused is not guilty of the alleged offence. The reasonable belief contemplated in the provision requires existence of such facts and circumstances, as are sufficient in themselves to justify satisfaction that the accused is not guilty of the allenged offence. Since the charge under Section 27A is made out, as the applicant was pumping money for ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... As far as the applicant is concerned, the complaint allege that he was supplier of Ganja and Charas to Anuj and he would procure it from Mohammad Azam and received the money through his girlfriend in UBI/Google account. His role in drug trafficking is also ascertained through digital evidence enclosed with the complaint and he face a charge of having conspired to finance illegal trafficking and procuring, possessing, purchasing, sale, transport, consume Charas and has been charge-sheeted. 6. I have perused the statement of the applicant recorded under Section 67 of the NDPS Act, where he states as under :- I want to state that I have smoked Charas since 2014. I initially purchased Charas for smoking from one Rafeek Sk. @ Geetak. I want to state that I have procured Marijuana, from one Murugan of Nehru Nagar, Vile Parle (w). I want to state that I have provided Charas to Anuj Keshwani on different occasions. I want to say that several times I have collected money in cash from Anuj Keshwani. I want to state that I have procured Charas from Manali and further distributed to Anuj and others. He has disclosed that Hemant Shah @ Maharaj used to supply him Charas from Himachal Pradesh and ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ng that the accused is not guilty of the offence charged and this reasonable belief contemplated in turn points to existence of such facts and circumstances as are sufficient in themselves to justify recording of satisfaction that the accused is not guilty of the offence charged. 8. The word reasonable has in law the prima facie meaning of reasonable in regard to those circumstances of which the actor, called on to act reasonably, knows or ought to know. It is difficult to give an exact definition of the word reasonable . 7. In Stroud's Judicial Dictionary, 4th Edn., p. 2258 states that it would be unreasonable to expect an exact definition of the word reasonable . Reason varies in its conclusions according to the idiosyncrasy of the individual, and the times and circumstances in which he thinks. The reasoning which built up the old scholastic logic sounds now like the jingling of a child's toy. (See Municipal Corpn. of Delhi v. Jagan Nath Ashok Kumar [(1987) 4 SCC 497] (SCC p. 504, para 7) and Gujarat Water Supply and Sewerage Board v. Unique Erectors (Gujarat) (P) Ltd. [(1989) 1 SCC 532] [ ] 10. The word reasonable signifies in accordance with reason . In the ultimate ana ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... I am not recording a finding of his guilt. Restricting myself to the limited purpose of considering the application for bail, I have focused on the material in the charge-sheet and considering the alleged connection between the applicant and the co-accused, I cannot weigh the evidence to reach a conclusion that he has not committed any offence. Mere absence of recovery of the contraband from the applicant is no ground to confer his liberty upon him. The applicant appears to be a part of a larger chain and he was knowing the dealers and he is one of the person in the whole chain, who was facilitating the supply of drug either procuring from the dealers directly or he was an intermediary link between the supplier and the purchaser. The investigation reveals that different dealers formed a definite chain and the purpose of the NDPS Act, being to stop the illicit trafficking of drug, the role of the applicant, as surfacing the charge-sheet, prima facie, establish his involvement in facilitating the transaction. A direct evidence may not be available in absentia of the statements of the accused persons recorded under Section 67, but considering over all material compiled in the charge-s ..... X X X X Extracts X X X X X X X X Extracts X X X X
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