IMPORTANT POINT
Bail application—Complicity of petitioner will have to be determined by quality of evidence led during trial.

JUDGMENT

Jaishree Thakur, J.—The instant petition has been filed for grant of regular bail to the petitioner in case bearing Crime No.33/2020 dated 12.06.2020 under Sections 8, 21, 22, 29 of NDPS Act at Police Station NCB, Zonal Unit, Sector 25(W), Chandigarh.

2. The facts in brief as alleged are that two consignments were booked by one Paramjit Kaur, proprietor of Brioshine Pharma, a licensed chemist at SCO No.38, Cabin-2, 1st Floor, Sector 11, Panchkula in the name of Balaji Traders, Shop No.158-A, Near DAV Girls School, Bazar No.1, Ferozepur Cantt-152001 through DTDC Courier Agency. The first consignment was booked on 10.06.2020 and the second consignment was booked on 12.06.2020.

3. On receipt of secret information that two consignments contained contraband, the Narcotics Bureau, Headquarters, Chandigarh arrived at the Regional Office of DTDC Courier Agency at Panchkula and called Paramjit Kaur on 12.6.2020 (consignor of the parcels), who confirmed that she had booked the parcels herself. One parcel was opened at Panchkula and 20,000 tablets of Tramadol Hydrochloride 100 mg (Trade Name Clovidol-100 SR) were recovered. Simultaneously on 12.06.2020, the Narcotics Bureau Amritsar arrived at DTDC Office at Court Road, Ferozepur and arrested one Bhavnish s/o Prem Kumar Dutta, the person to whom the consignment had been sent on 10.06.2020 and recovered 37,000 tablets of Tramadol Hydrochloride 100 mg (Trade Name Clovidol-100 SR). Paramjit Kaur made a disclosure statement on 12.06.2020 that Rakesh Kumar Singla was the person, who had sent the contraband to her for its onwards dispatch to Bhavnish Kumar at Ferozepur. Based on the said disclosure statement made, a notice under Section 67 of the NDPS Act was issued to the petitioner on 13.06.2020 for putting in an appearance. He was arrested on 14.06.2020 and subsequently produced before the Special Court on 14.06.2020. Two days remand of the petitioner was taken and since then, he is in judicial custody. Thereafter, the petitioner applied for grant of regular bail, which was rejected and the matter has come up before this Court by way of instant Crl. Misc. Petition. Similarly the co-accused Paramjit Kaur and Bhavnish Kumar were also remanded to judicial custody after they were produced on 14.6.2020 before the Special Court at Panchkula.

4. Mr. R.S. Rai, learned Senior Advocate assisted by Ms. Rubina Vermani, Advocate appearing for the petitioner herein would contend that the petitioner was neither arrested on the spot nor any recovery of contraband was effected from him and thus, he has been illegally detained. It is submitted that, he has been implicated only on the basis of a disclosure statement made by a co-accused Paramjit Kaur under Section 67 of the NDPS Act and also on the basis of his own self-inculpatory statement recorded under Section 67 of the NDPS Act, while he was in custody. It is submitted that such a statement can not be relied upon. In order to buttress his arguments, learned Senior Advocate relies upon the judgment passed by the Hon’ble Supreme Court in Tofan Singh Vs. State of Tamil Nadu passed in Criminal Appeal No.152 of 2013 decided on 29.10.2020.

5. Per contra, Mr. Sanjay Vashisth, learned Advocate appearing on behalf of the Narcotics Bureau submitted that there has been a recovery of almost 57,000 tablets of Tramadol Hydrochloride 100 mg (Trade Name Clovidol-100 SR), which is of commercial quantity. Paramjit Kaur has admitted to sending the consignment to Bhavnish Kumar under her own signatures at the behest of the petitioner. She stated that she was totally unaware of the contents of the parcel sent to Balaji Traders at Ferozepur. It is also argued that there are screen shots of Whatsapp messages available with the NCB, which would connect the petitioner with the said contraband, as there is a message available showing transfer of an amount by the petitioner into the account of Harjinder Singh, husband of Paramjit Kaur. It is also argued that there a