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of <h1>Court grants bail to accused in drug & currency case balancing evidence & gravity</h1> <h3>UMMER FAROOQUE Versus THE UNION OF INDIA, THE SUPERINTDENT AIR INTELLIGENCE UNIT (CUSTOMS)</h3> UMMER FAROOQUE Versus THE UNION OF INDIA, THE SUPERINTDENT AIR INTELLIGENCE UNIT (CUSTOMS) - TMI Issues: Bail application under Section 439 of the Code of Criminal Procedure for accused charged under the Narcotic Drugs and Psychotropic Substances Act, 1985.In this judgment, the accused filed a bail application under Section 439 of the Code of Criminal Procedure. The accused was charged in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 for offenses under Section 23(b) and Section 28. The prosecution alleged that the accused was intercepted at the airport with ganja in his possession, intending to smuggle foreign currency to Dubai. The accused claimed innocence, stating he was unaware of the contraband in the bag given to him by someone else for a business trip. The defense argued that the accused, a young man, should be released as the investigation was at an advanced stage. The prosecution, represented by the Special Public Prosecutor, contended that the accused's actions indicated criminal intent and potential involvement in an international drug mafia, emphasizing the gravity of the offense and the risk of reoffending if granted bail.Upon reviewing the submissions and case records, the court acknowledged the seriousness of the allegations but noted that the quantity seized was slightly above the permissible limit, with no evidence linking the accused to other crimes. The court considered the progress of the investigation and decided that stringent conditions could be imposed for the accused's release on bail. The court granted bail to the accused upon executing a bond of Rs. 50,000 with two solvent sureties, subject to conditions including regular appearances before the Investigating Officer, non-interference with witnesses or evidence, refraining from similar offenses, and surrendering the passport or filing an affidavit if not in possession of one. Any violation of these conditions empowered the jurisdictional court to consider cancellation of bail.Overall, the judgment balanced the seriousness of the offense with the stage of investigation and the individual circumstances of the accused, ultimately allowing bail with strict conditions to ensure compliance and address concerns regarding potential reoffending or flight risk.
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