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DEBANGSU BASAK, BIBHAS RANJAN DE
Bikash Singh @ Vikash Kumar Singh – Appellant
Versus
Narcotics Control Bureau, Kolkata Zonal Unit – Respondent
JUDGMENT
Debangsu Basak, J. - Petitioner seeks bail in connection with T.R. No. 07 of 2020 arising out of NCB crime No. 06/NCB/KOL/2020 corresponding to RPF/PST/HWN'S G.D. No. 70 dated 05.02.2020 under Sections 20(b)(ii) (c)/29/35 read with section 8(c) of the Narcotic Drugs and Psychotropic Substances act.
2. Learned advocate appearing for the petitioner submits that the petitioner is in custody for 529 days. The police filed charge sheet. The petitioner is sought to be proceeded against on the basis of the statements of the co-accused which is of no evidentiary value in the eye of law. He submits that no narcotic was seized from the possession of the petitioner. The statements of the co-accused made while in custody and call records details, if there be any, are not pieces of evidence. In support of his contention he relies upon the order of the co-ordinate Bench dated December 21, 2020 in CRM 8145 of 2020 (In the mater of:- abdul Malique & Ors.) and (2009) 12 SCC 161 (Union of India vs. Balmukund & Ors.). He refers to the order dated September 22, 2021 passed in CRM 5710 of 2021 ( In the matter of:- akhilesh Tiwari) where despite the call record details bail was granted to an accu
In bail applications under the NDPS Act, the court should consider not only the statements of the co-accused but also call record details and other incriminating evidence when assessing the petitione....
The admissibility of statements recorded under Section 67 of the NDPS Act and the consideration of circumstances for granting bail despite the severity of punishment.
The judgment emphasizes the strict conditions for granting bail under Section 37 of the NDPS Act, requiring credible and plausible grounds to believe that the accused person is not guilty of the alle....
The main legal point established in the judgment is that the provisions of Section 37 of the NDPS act, 1985 are crucial in determining the grant of bail in cases involving commercial quantity of narc....
The admissibility of evidence, compliance with mandatory provisions, and the applicability of Section 37 of the NDPS Act in determining eligibility for bail.
The stringent parameters for grant of bail under the NDPS Act must be adhered to, as per Section 37, and the admissibility of electronic records under Section 65-B of the Evidence Act.
The court emphasized that mere suspicion and co-accused statements are insufficient for denying bail; legally admissible evidence is required to connect the accused to the crime.
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