TaxTMI 
TaxTMI 
2022 (7) TMI 1555
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.... based on the alleged voluntary statement of Anuj Keshwani and that of the applicant recorded under Section 67 of the NDPS Act, where his role of supply and procurement of Charas has surfaced. Submitting that in the wake of the decision of the Hon'ble Apex Court in the case of Tofan Singh Vs. State of Tamilnadu [AIR 2020 SC 5592], where the law on the point has been well settled to the effect that the statement recorded under Section 67 of the NDPS Act is not admissible as confession, learned counsel would submit that the applicant deserve his release on bail It is submitted that the copy of the charge-sheet, which run into multiple volumes, only contain the above material, which is not sufficient to sustain a conviction under Sections 8(c) read with Sections 20(b)(ii) B, 27, 27A, 28 & 29 of the NDPS Act, as no contraband has been recovered 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has roped in the applicant as supplier of the contraband, the learned counsel would submit that the said statement has been retracted, and in any case, the commercial quantity of Charas is 1 kg.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-....
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...., since 2019 and he has made the payment of 12 to 14 lakhs approximately. Thought the statement has been retracted, learned counsel would submit that it would be ultimately a matter of trial. Similarly, reliance is also placed upon the statement of the applicant, recorded under Section 67, and it is denied that the same has been recorded under force or coercion. The orders passed by certain High Courts have been relied upon. The NCB has opposed the application of the applicant on the ground that the commercial quantity has been recovered from the co-accused and, it is submitted that the audio transcript between the applicant and co-accused Anuj Keshwani is indicative of the fact that the applicant is involved in the drug peddling. As far as the transcripts are concerned, learned counsel Mr.Shirsat placed reliance upon the decision in the case of Tara Chand Vs. 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....
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..... 5. In his voluntary statement, Anuj Keshwani disclosed the present applicant as a source of the drug in his possession and the applicant in his statement under Section 67, admits that he supplied Charas/Hashish to Anuj Keshwani, which was seized by NCB on 06/09/2020. He has admitted that he received payment through Google Pay. For the co-relation between the present applicant and the co-accused, the CDRs have been collected, as it amount to evidence of the applicant, being a member of drug syndicate and drug suppliers and the CDRs establishing connect between the applicant and the other coaccused are placed on record. Anuj Keshwani, whose house search led to recovery of huge contraband and currency, disclose that he purchased Charas from the applicant and paid a sum of Rs.2,00,000/- in cash and he used to buy Charas at the rate Rs.3,000/- to Rs.4,000/- per tola (10 gram). 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....
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....e application for such release and 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. The Hon'ble Apex Court has clarified the expression "reasonable grounds" in the case of Union of India through Narcotics Control Bureau, Lucknow Vs.Md.Nawaj Khan [Cri.Appeal No.1043/21] , in the following manner :- 19. The standard prescribed for the grant of bail is 'reasonable ground to believe' that the person is not guilty of the offence. Interpreting the standard of 'reasonable grounds to believe', a two-judge Bench of this Court in Shiv Shanker Kesari (supra), held that: "7. The expression used in 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 ....
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....aid connection and even if assuming for a moment at Section 67 of the NDPSA Act being kept aside, the CDR analysis of the mobile number used by the two establish that the applicant was in regular touch with the co-accused Anuj and even the transcripts clearly make a reference to the nature of conversation, revolving around the deal between them. The prosecution will establish the same by adhering to the procedure prescribed under Section 65-B of the Evidence Act. The quantity of contraband involved in the entire C.R. is a commercial quantity and the submission of Mr.Sayed to the effect that he is responsibly only for supply of minimum/small quantity is not a ground to release him on bail. "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, I am unable to persuade myself to believe that the applicant has not committed the offence, though 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 ....