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REQUIREMENT OF SECTION 37 OF NDPS ACT ARE SATISFIED: THE HIGH COURT OF DELHI

The instant bail petition filed under section 439 of CrPC for grant of regular bail in SC No.8605 of 2016 under section 20 & 29 NDPS ACT registered at Police station NCB, in the case of Kale Ram @ Kalu Ram v. Narcotics Control Bureau, Bail Application No. 3045 of 2019 in THE HIGH COURT OF DELHI, the court has disposed the petition and granted bail to the petitioner.

The brief facts of the case are that on secret information accused Raghav Sehajpal, Krishan Chand, and Ram Lal were apprehended and from the possession of accused Raghav 220 gm of charas was recovered and two parcels containing 399 and 925 gm of charas were recovered from Kishan Chand and Rs. 65000/- were recovered from accused Ram Lal. It is further alleged that the accused have admitted their involvement under section 67 of NDPS Act and accused Raghav has disclosed the name of the petitioner in his statement.

The co-accused Raghav has disclosed that he used to get contraband through the petitioner herein through conductors and drivers who sometimes used to give cash or sometimes used to deposit money in HDFC bank account.

the learned counsel for the petitioner submitted that the co-accused are on regular bail and the petitioner did not possess any contraband, and he is charged with conspiracy with co-accused and was arrested from the disclosure statement of the co-accused and is falsely implicated. He further submitted that as per the allegations in the complaint, the element of conspiracy with the other co-accused person is missing. He further submitted that the bank slips which are exhibited in the court are not bearing the signature of co-accused Raghav and different signatures are appearing on them. He further submitted that there is no evidence to show that the amount of Rs.65,000/- which according to the prosecution was deposited by co-accused Raghav Sehajpal in the account of the petitioner was in relation to the sale and purchase of contraband.

The learned senior standing counsel for the NCB submitted that the petitioner Kale Ram is the main accused who used to deal in the contraband through the other co-accused, and there is a recovery of commercial quantity of charas in this case. He further submitted that at this stage, the court is not supposed to prejudge the evidence and the petitioner is unable to show even prima facie that he is not guilty of such offense and also that there is an embargo u/s 37 of the NDPS Act in granting bail to the petitioner.

The Hon’ble court came to the conclusion that the fact that the 2 co-accused are already on bail, nothing has been recovered from the petitioner in form of contraband or money, the embargo of Section 37 of NDPS Act does not come in the way in granting bail to the petitioner as far as the facts of the present case are concerned. The court grants the petitioner bail on his furnishing personal bond in the sum of Rs. 50,000/- with one surety in the like amount, to the satisfaction of the learned Trial Court. The petitioner shall not leave the country without the prior permission of the concerned Trial Court.

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Written by- Apeksha Khandelwal, Legal Assistant

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