Sk Rajesh v. Narcotic Control Bureau
05.07.2023 Sl. No.17 akd [Rejected] C. R. M. (NDPS) 1001 of 2023 In Re: An application for bail under Section 439 of the Code of Criminal Procedure filed on 10.05.2023 in connection with NCB Crime No. 03/NCB/KOL/2023 under Sections 8(c)/20(b)(ii)(c)/29 of the NDPS Act. (NDPS Case No.1 of 2023) And In Re: Sk. Rajesh ... ... Petitioner Mr. Debasis Roy Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett Mr. Abhijit Bose ... ... for the petitioner Mr. Kallol Mondal ... ... for the NCB It is submitted on behalf of the petitioner that he is in custody for more than 120 days. It is further submitted no narcotics was recovered from his possession. Investigation is complete. Accordingly, he prays for bail.
Learned Advocate for the NCB opposes the prayer for bail and submits petitioner made statement before NCB officials under Section 67 of the NDPS Act disclosing the involvement of the co-accused. Thereafter, co-accused were arrested with narcotics. Call Detail Records (CDRs.) also show frequent communications between the petitioner and co-accused at the time of occurrence. Investigation is in progress.
We have considered the materials on record. Petitioner was interrogated by NCB officials. He made statement disclosing identity of co-accused and the manner of transportation of narcotics. Disclosure statement led the NCB team to recover narcotics from the co-accused. In this factual backdrop, we are of the view the statement of the
petitioner, though under Section 67 of the NDPS Act, leads to discovery of a fact and may be admissible under Section 27 of the Evidence Act. The aforesaid statement finds corroboration through the CDRs. collected during investigation. CDRs. show frequent communications between the petitioner and co-accused on or about the time of occurrence.
Under such circumstances and as the recovery is above commercial quantity which attracts the statutory restrictions under Section 37 of the NDPS Act, we are not inclined to grant bail to the petitioner.
The application for bail is thus rejected.
(Ajay Kumar Gupta, J.) (Joymalya Bagchi, J.)