TaxTMI 
TaxTMI 
2019 (7) TMI 1551
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.... into writing by the Investigating Officer, NCB. On 17.8.2018, on opening the parcels, the following articles were recovered. i) 4 strips of Ativan 2 mg, weighing 8 gms [As per CRCL report, the sample was found positive for Lorazepam). (ii) 4 packets of Lupins Katadol capsules [Flupirtine Maleate capsules weighing 100 mg [not under the NDPS Act] (iii) one packet of Testovira Depot, weighing 250 mg/ml (not under the NDPS Act) (iv) 40 strips of Omnacortil-20 tablets [Prednisolone dispersible tablets) [not under the NDPS Act] (v) 435 tablets of white colour round shaped, marked Adderall, weighing 143 gms. [As per CRCL report, the sample was found positive for Tramadol]. (vi) one packet of 164 tablets, marked Hydro, weighing 75 gms. [As per CRCL report, the sample was positive for Tramadol] (vii) one packet of 192 tablets, suspected to be Hydrocodone, weighing 115 gms.[ [As per CRCL report, the sample was positive for Tramadol]. Hence the total weight of Tramadol recovered is more than 250 grams and the same is a commercial quantity. 3. Further, it is also learnt that Gaurav Mehta also sent narcotic psychotropic tablets ....
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...., the co-accused Bhaskar Khatnanai was apprehended and his house was searched, from where the forged printed stickers of medicines, namely, Xanax, Alprozolem tablet, Hydrocodone Bilartrate, Acetaminophen tablets and Zolpidem Tratrate were recovered. 6. On the preliminary inquiry from the accused Bhaskar Khatnani, he disclosed that one Manish Mohan of Vinay Pharmaceuticals was providing these tablets to the accused Gaurav Mehta through him or directly to accused Gaurav Mehta. Accused Bhaskar Khatnani further disclosed that Manish Mohan would be sending medicine carton to him and he would receive it at Gate No.2, Laxmi Nagar Metro Station. Bhaskar Khatnani further disclosed that the petitioner herein is an associate of Manish Mohan, who is involved in the medicine business and used to arrange medicines from Mumbai. 7. Thereafter, a search was conducted by NCB team near Gate No. 2, Laxmi Nagar Metro Station, Delhi and following medicines containing Narcotic Psychotropic Substances were recovered: (i) V.C. Don Tablets, weighing 12kgs, total 2000 strips, 20,000 tablets (Hydrocodone) [As per CRCL report tested positive for Tramadol.] (ii) Ativan 2 mg Lorazepam, to....
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.... (i) the Public Prosecutor has been given an opportunity to oppose the application 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 sub-section (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." 15. In Saju v. State of Kerala, 2001(1) SCC 378, the Supreme Court observed as under: "8. ...It is a settled position of law that act or action of one of the accused cannot be used as evidence against other. However, an exception has been carved out under Section 10 of the Evidence Act in the case of conspiracy. To attract the applicability of Section 10 of the Evidence Act, the Court must have reasonable ground to believe that two or more persons had conspired together for committing an offence. It is only then that the evidence of action or statement made by one of the accused coul....
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....there are reasonable grounds for believing that he is not guilty of such offences and that he is not likely to commit any offence while on bail. It is unfortunate that matters which could be established only in offence regarding compliance with Sections 52and 57 have been pre-judged by the learned single Judge at the stage of consideration for bail. The minimum which learned single Judge should have taken into account was the factual presumption in law position that official acts have been regularly performed. Such presumption can be rebutted only during evidence and not merely saying that no document has been produced before the learned single Judge during bail stage regarding the compliance of the formalities mentioned in those two sections. 7. We may also observe that learned single Judge has not recorded a finding in terms of Section 37of the Act which is sine qua non for granting bail to an accused involved in the offence under the Act." 20. It is also a fact noticed by the Courts that generally, the conspiracy is hatched in secrecy and it may be difficult, if not impossible, to obtain direct evidence to establish the same. The acts of various parties to the conspi....
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.... who was also involved in such business deals. Upon intensive scrutiny of the bank accounts of both Pulkit Kumar and Amit Ranjan by the NCB, it was noticed that across various instances, an amount of Rs. 72,55,720/- was transacted between them. 25. Further, taking into consideration that there had been huge transfer of funds to the Account No. 344605000036 of NGA Infotech (OPC) Pvt. Ltd. maintained by petitioner Amit Ranjan from Account No.1412397511 of TOCSYS Technosolution Private Limited maintained by accused Pulkit Kumar to the tune of Rs. 69, 36,943/- between 11.09.2017 till 16.05.2018 impliedly, prima facie, shows that the petitioner was involved in the aforesaid illegal trade and had full knowledge about the conspiracy in place. 26. During investigation, it was revealed that Amit Ranjan was a native of village - Parasi, near Chaturbhuj Asthan, Baghan Bigha, Nalanda, Bihar-803118. However, when summons under Section 67 of the NDPS Act was sent to his house, it was informed that he does not reside there and no further information about his whereabouts could be collected. Presently his whereabouts are unknown. 27. As stated above, NBWs were already issued against accus....
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....ty of the accused's likelihood to repeat similar or other offences; (v) Where the accusations have been made only with the object of injuring or humiliating the applicant by arresting him or her; (vi) Impact of grant of anticipatory bail particularly in cases of large magnitude affecting a very large number of people; (vii) The courts must evaluate the entire available material against the accused very carefully. The court must also clearly comprehend the exact role of the accused in the case. The cases in which the accused is implicated with the help of Sections 34 and 149 of the Penal Code, 1860 the court should consider with even greater care and caution because over implication in the cases is a matter of common knowledge and concern; (viii) While considering the prayer for grant of anticipatory bail, a balance has to be struck between two factors, namely, no prejudice should be caused to the free, fair and full investigation and there should be prevention of harassment, humiliation and unjustified detention of the accused; (ix) The court to consider reasonable apprehension of tampering of the witness or apprehension of threat to....