TaxTMI 
TaxTMI 
2024 (10) TMI 1794
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.... C.R. No. 11191011230028 of 2023 registered with Ahmedabad DCB Police Station, Ahmedabad under Section 8(C), 21(B) and 29 of the Narcotic Drugs and Psychotropic Substances Act. 3. Learned Advocate appearing on behalf of the applicant submits that the applicant has nothing to do with the offence and he is falsely implicated in the offence. The applicant is in jail since 07.06.2024. The applicant is not named in the FIR and subsequently arraigned as an accused. Nothing was recovered from the conscious possession of the applicant, nor is there any need to recover or discover anything from the applicant's possession. He was merely an alleged prospective receiver of the contraband drugs, and there is no evidence that he has taken any undue ad....
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....ounds that he possesses a quantity intended for personal consumption, his bail application should not be granted, as the interest of society is paramount. The applicant is involved in nefarious activities, corrupting society at its core by providing drugs that act like poison. The applicant maintained contact with other drug peddlers, discussing and planning drug sales and purchases. He communicated with one supplier, Mohammad Sajid, over 400 times and with other co-accused 18 and 15 times, respectively, showing that he was in constant contact with such drug suppliers and buyers. Therefore, the present application may be dismissed. 5. Perusing the investigation papers and charge-sheet papers, it appears that, based on intelligence receiv....
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....ted in the business, with evidence of constant communication between them regarding drug transactions. Telephone conversations among the accused revealed the applicant's name, suggesting his role as a receiver of MD drugs. 7. The learned advocate for the applicant submitted that no contraband material has been recovered from the conscious possession of the present applicant. However, prior to this case, the applicant was allegedly apprehended multiple times with contraband drugs, which were found in his possession. The applicant also has prior criminal antecedents, including: (I) An offense registered at Chagodar Police Station (C.R. No. 11192015230032 of 2023) under Sections 8(C), 20(B), and 29 of the NDPS Act for possession of 11.100 g....
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....f a similar nature and, in collusion with other accused persons, who are involved in the buying and selling of contraband drugs, as evidence collected and produced on records by the prosecution. Considering the Call Detail Record (CDR) analysis, it is evident that the applicant has communicated with accused No. 1 approximately 431 times, with accused No. 3 around 8 times, and with an absconding accused 15 times. During the investigation, concrete evidence was collected, suggesting the involvement of the present applicant and co-accused. 9. Further, the learned advocate has relied on the case of Mohd Muslim @ Hussain vs. State (NCT of Delhi), decided in Special Leave Petition (Crl.) No. 915 of 2023, arguing that there is little possibilit....
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....during the pendency of the proceedings before the court that the organised activities of the underworld and the clandestine smuggling of narcotic drugs and psychotropic substances into this country and illegal trafficking in such drugs and substances have led to drug addiction among a sizeable section of the public, particularly the adolescents and students of both sexes and the menace has assumed serious and alarming proportions in the recent years. 12. The seriousness of cases under the NDPS Act have to be viewed like this that in a murder case, the accused commits murder of one or two persons, while those persons who are dealing in narcotic drugs are instrumental in causing death or in inflicting death-blow to a number of innocent you....
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....n the present case, the petitioner attempted to secure bail on various grounds but failed. But those reasons would be insignificant if we bear in mind the scope of Section 37(1)(b) of the Act. At this stage of the case all that could be seen is whether the statements made on behalf of the prosecution witnesses, if believable, would result in conviction of the petitioner or not. At this juncture, we cannot say that the accused is not guilty of the offence if the allegations made in the charge are established. Nor can we say that the evidence having not been completely adduced before the Court that there are no grounds to hold that he is not guilty of such offence. The other aspect to be borne in mind is that the liberty of a citizen has got ....