2004 (3) TMI 70

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....is as follows : On 4-4-2000 Customs authorities detained the respondent-accused, a Uzbeck national who came to India to do business in garments and was found carrying large quantity of "Diazepam" - 5 mg. tablets". In the statement recorded under Section 67 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short 'the NDPS Act') recovery of tablets was admitted by the accused. She was arrested on 5-4-2000. An application for bail was filed before the Special Court, NDPS Act which was rejected taking into account of the embargo placed under Section 37 of the Act. The accused-respondent filed an application for bail under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (in short 'the Code'). The stand t....

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....value was totally overlooked. There is no appearance for the respondent-accused in spite of the notice. 5.It would be appropriate to take note of few provisions which have relevance. Section 2(xxiii) defining "psychotropic substances" and Section 37 dealing with bail read as follows : "Section 2(xxiii) "psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule. Section 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 punishable under this Act shall be co....

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....ance so far the present accused-respondent is concerned, are (1) the satisfaction of the Court that there are reasonable grounds for believing that 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 for 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....