TaxTMI 
TaxTMI 
2021 (3) TMI 751
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....ation that one parcel booked under Airway Bill No.5112788656 is lying with DHL Express Pvt. Ltd. Courier Company 71/3, Rama Road, Delhi which has been booked for Spain and the same might be containing narcotics. The information was reduced into writing and was put up before the Superintendant NCB who directed for further action as per law. b) A team was constituted for search and seizure proceedings and after completing the necessary formalities, the parcel booked under Airway Bill No. 5112788656 was produced. The card board box was wrapped with adhesive tape. The particulars of the consignor mentioned on the parcel was shown as Anand Kumar, B-101, B Block, Phase-I, Qutab Vihar, New Delhi (copy of the PAN Card and Voter ID of Anand Kumar Thakur was attached with the parcel). The particulars of the consignee was mentioned as Mr. Johnson Kamara Calle Eume 5 Piso 13 B 291011, Malaga Spain. c) The parcel in question was opened and was found containing two carton boxes with the words 'Roneo Shock Absorber' and two set of musical style hair horn. When the two boxes were opened shock absorbers were found. The shock absorbers were cut open and substance was removed. The recover....
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....rch, the following items were recovered from the house of the petitioner: i. One Black & Red colour long rectangular box having mark as RONEO, Shock Absorber. ii. Broken shock absorber machinery part with its broken pieces. iii. Two screw drivers. iv. One Honda Company M/cycle shocker. v. Two cutters. vi. One steel scale. vii. Two iron saws. viii. Three scisors. ix. One pliers. x. One Iron Hammer. xi. Two brown colour tape. xii. One solding machine. xiii. One hanging weighing machine. xiv. One green colour tool box. xv. One small size weighing machine of Nova Co. xvi. One tester. xvii. Two fast cleaner tubes. xviii. One chhaini. xix. One pressure squeezing/holding machine of Delta Co. xx. Empty polythene packets. xxi. One sheet of sticker "Best Quality" xxii. Two sheets of Hologram "Original". Panchnama was prepared for the same and were taken into possession for further investigation. i) It is stated that during investigation Stanley disclosed his three mobile numbers i.e. 9560259467, 8800795536 and 8368242276. He also disclosed that one mobile number 7827287839 was provided to him by the petitioner for making inquiry about the parce....
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....for the petitioner states that the petitioner is in judicial custody from 30.01.2017 which is more than four years. He would contend that the petitioner has been arrested on the basis of disclosure statement of accused Stanley which is not admissible in law in view of the judgment of Tofan Singh v. State of Tamil Nadu reported as (2020) SCC OnLine SC 882. He would state that the consignee and the owner of the courier company i.e. Anand Kumar Thakur was in touch with Stanley and not with the petitioner. He states that Anand Kumar Thakur has been granted bail by this Court on 20.08.2018 in BAIL APPLN.503/2018 and the petitioner was also entitled to bail on the ground of parity. He states that the petitioner is being unnecessarily implicated in the case. 6. Learned counsel for the petitioner states that the petitioner is a mechanic and the shock absorber which has been recovered at his instance is used in this business. He further states that the shock absorbers recovered from his house may be similar to the one in which contraband was found but is not identical. It is stated that the broken machinery parts have been found in the possession of the petitioner which is not sufficient t....
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.... Stanley. Stanley after being apprehended has given a voluntary statement disclosing that the box was given to him by the petitioner. The petitioner's house was searched. On search, one black and red colour rectangular box (roneo shock absorber) was recovered apart from broken shock absorber machinery parts. 10. It is pertinent to mention here that co-accused Stanley was using three mobile numbers 9560259467, 8800795536, and 8368242276. He also disclosed that one mobile number was provided to him by the petitioner. The CDR of the said mobile number was taken. It was found that the petitioner was using mobile number 8447054608. The CDR records of the mobile numbers reveal that the petitioner and Stanley were in touch with each other before the recovery of the heroin. 11. The quantity of heroin recovered in the case is 575 grams of heroin which is a commercial quantity. Section 37 of the NDPS Act makes the offences under the NDPS Act cognisable and non-bailable. Section 37 of the NDPS Act reads as under:- "37. Offences to be cognizable and non-bailable.- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)- (a) every offence punisha....
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....the accused is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. The conditions are cumulative and not alternative. The satisfaction contemplated regarding the accused being not guilty has to be based on reasonable grounds. The expression "reasonable grounds" means something more than prima facie grounds. It contemplates substantial probable causes 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 alleged offence....." (emphasis supplied) 13. In Union of India v. Rattan Mallik reported as (2009) 2 SCC 624, the Supreme Court has observed as under : "12. It is plain from a bare reading of the non obstante clause in Section 37 of the NDPS Act and sub-section (2) thereof that the power to grant bail to a person accused of having committed offence under the NDPS Act is not only subject to the limitations imposed under Section 439 of the Code of Criminal Procedure, 1973, it is also subject to the restrictions placed by claus....
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....y Section 37 which commences with non obstante clause. The operative part of the said section is in the negative form prescribing the enlargement of bail to any person accused of commission of an offence under the Act, unless twin conditions are satisfied. The first condition is that the prosecution must be given an opportunity to oppose the application; and the second, is that the court must be satisfied that there are reasonable grounds for believing that he is not guilty of such offence. If either of these two conditions is not satisfied, the ban for granting bail operates. 20. The expression "reasonable grounds" means something more than prima facie grounds. It contemplates substantial probable causes 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 alleged offence. In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time ....