TaxTMI 
TaxTMI 
2019 (7) TMI 1551
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....icer, 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 from his office-cum-warehouse at K-121, West Patel Nagar, New Delhi continuously. Thereaf....
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....m 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, total 168 strips, 5040 tablets [As per CRCL report tested positive for Lorazepam. (iii) Phentermine K-25, total 1000 strips, 10,000 tablets [Test not available at CRCL.] (i....
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....ng 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 could be used as evidence against the other." 16. In Mir Nagvi Askari v. Central Bureau of Investigation, (2009) 15 SCC 643, it was ruled in the same vein that while drawing an inference from the materials brought on record to arrive at a finding as to whether th....
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....le 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 conspiracy will infer that they were done with reference to common intention, hence, it is held, time and again, that the conspiracy can be proved by indirect circumstantial evidence, which is of an impeccable nature. It is also not necessary that all the conspirators should know each other and also every detail of t....
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....f 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 accused Amit Ranjan and he has not joined the investigation despite repeated notices. The investigations in the present matter are at an initial stage. 28. In view of the aforesaid discussions, it is evident that the NCB seized Narcotic Drugs/ Psychotropic substances from two different locations in Delhi from the possession of t....