Mumbai: When the facts of this case show the involvement of defendants of the facie, non-recovery of smuggled goods from the defendant will not give his rights to guarantee, said the Special NDSS court which rejected Liberty in the case of the Narcotics Control Bureau (NCB).
PLEA Bail was submitted by a man ordered by NCB, Zonal Mumbai unit, for violations, including human trafficking and conspiracy under narcotics drugs and psychotropic substances, 1985.
The NCB case was a seizure of 56 grams of Mephedrone and cash on July 18 , from Chawl in Kurla West where two co-accused was arrested.
In their statement, the Guarantee Applicant was arrested from the place and was arrested on July 19.
Then, the NCB confiscated 53 grams of Mephedrone along with gold and cash from other defendant’s homes.
The Bail Petitioner lawyer Rohit Sawant believes that the NCB is mistakenly involving his client, especially because no one is not ax of him and his arrest comes from his residence, not a place, and only on a statement accused of being together.
But Public AdvAs Public Prosecutor Special NCB, Sethna opposed the guarantee, on the grounds that it was a case of conspiracy, and given that there was “Nexus Close” accused and co-accuseded and the commercial number of drugs was confiscated, firmness part 37 entry kick.
This section requires the court to provide guarantees only if satisfied that there is no case of the prime facie made.
Special NDPS Court Judge, a jogcekar said that the accused of accused of commercial counts “undoubtedly”.
The court said that when deciding a plea, it was necessary to see if there was a prima facie case and the Supreme Court assessment this year at Sambhav Parakh vs.
the state of Chhattisgarh was quoted by Sethna precisely apply to PLEA Bail before that.
SC has observed that “when the commercial number of illegal psychotropic substances is restored from being accused of in connection with Section 29 (conspiracy) of the NDPS law, as accused of whom there is no recovery that is also not entitled to the deposit of what they have.
Links The main in all operations.
“” No need to conduct a mobile investigation “when deciding a bail application saying a special judge, adding that the record shows the relationship accused and accused of failing to do a prime facie case for guarantees.