Joshwa Josey v. The State

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CRM(NDPS)/8/2024 In re: An application for bail under section 439 of the Code of Criminal Procedure in connection with PS Swaraj Dweep FIR No.6 of 2024 dated 29.01.2024 under section 20(b)(ii) (B) of the NDPS Act, 1985.

And In the matter of : Joshwa Josey ... Petitioner Mr. Asim Malik Mr. Roban Antony ... for the petitioner Ms. A.S.Zinu ... for the State February 28, 2024 [SR] Item No.1 This is an application for bail in connection with the Swaraj Dweep Police Station Case No.6 of 2024 under section 20(b)(ii) (B) of the NDPS Act, 1985.

Learned counsel appearing on behalf of the petitioner submits as follows. The petitioner is a Scuba Diver presently working in such capacity at the Havelock Island (Swaraj Dweep). The police authorities seized the alleged contraband from him in violation of Section 50 of the NDPS Act inasmuch the Gazetted Officer before whom he was searched was a part of the raiding party. This is in violation of the ratio laid down by this Court in Ishdan Seikh vs. Union of India, 2022 SCC OnLine Cal 1545. Reliance is also placed on a decision of the Delhi High Court on this point in Mohd. Jabir vs. State of NCT of Delhi, 2023 SCC OnLine Del 1827. There was also violation of Rule 3 (iv) of the Narcotic Drugs and Psychotropic Substances (Seizure, Storage, Sampling and Disposal) Rules, 2022 regarding seizure of the contraband. In any event, the contraband

seized is of intermediate quantity. The petitioner is already in custody for about 30 days.

Learned counsel appearing on behalf of the State relies on the case diary and submits that although the case does not involve commercial quantity of contraband, yet, the matter is at the nascent stage of investigation.

In view of the above facts that the petitioner is already in custody for 30 days and that the seized contraband is below commercial quantity, we are inclined to allow the application for bail.

Let the petitioner be released on bail subject to the satisfaction of the Special Judge, NDPS Court, Port Blair, subject to the following conditions:- (a) The petitioner shall furnish a bond of two sureties of equal amount of Rs.20,000/- each to the satisfaction of the learned Special Judge (NDPS) Court.

(b) The petitioner shall not leave the Andaman and Nicobar Islands until further orders without the leave of the Trial Court and if the petitioner has a passport, he shall surrender the same for the present to the learned Special Judge (NDPS) Court.

(c) The petitioner shall furnish to the Investigating Officer concerned his cell-phone number on which the petitioner may be contacted at any time and shall ensure that the number is kept active and switched on at all times.

(d) The petitioner shall drop a Google pin location from his mobile to the Investigating Officer concerned so as to show his whereabouts every day.

(e) The petitioner shall attend the police station once in a week till submission of the report in final form.

With these observations, the application for bail is disposed of. ( Jay Sengupta, J. ) ( Md. Nizamuddin, J.)