Point of Law: per Section 66 of the NDPS Act, it is presumed the documents and other material seized and/or produced by the person are deemed to be conclusively proved and shall be used against such person unless contrary is proved.

JUDGMENT :

YOGESH KHANNA, J.

1. On 31.01.2020, on the basis of the information, recovery of 4200 tablets of Zolpidam (1.050 kg); 6000 tablets of Alprazolam (1.200 kg) was made from the parcel bearing No. 535153356 destined to Great Britain, lying at TNT India Private Limited (Fedex Courier) near Custom House, IGI Airport, which are narcotics medicine covered under the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred as NDPS). The consignor/accused Dipu Singh was located in Lucknow. He was apprehended and further recovery of 12000 tablets of Tramadol (4.800kg) was effected from his residence at Lucknow, U.P. seized on 01.02.2020. Consequent upon the recovery from the parcel and from the residence of Dipu Singh and based upon his voluntary statement under Section 67 of the NDPS he was arrested on 02.02.2020. He disclosed the names of Tejas Patel, Sachin Makade/petitioner herein, Barun Chauahn, and Bablu Bhagwan Dangre/petitioner in Bail Application No. 3721/2020, all of them tendered their statements under Section 67 of the NDPS and their association in the commission of crime.

2. On the basis of the information dated 09.02.2020 it came to the knowledge of prosecution that Tejas Patel and other persons of M/s. Azesto Impex Private Limited, Nagpur were involved along with Dipu Singh and he has made the shipments of Tramadol to them. Such persons were operating from Nagpur, Maharashtra. Accordingly, the team of NCB went to the Office of the firm M/s. Azesto Impex Private Limited at Nagpur, Maharashtra and it was found Sachin Makade and Barun Chauhan are the owners of the Firm and Tejas Patel was working with them, though having a separate firm in the name of Krivi Impect. The computer kept in the office was checked and entries of sending narcotic medicines were found. On inquiry from staff-Udit informed the main office of the firm is at Nagpur, Maharashtra. The laptops containing entries/documents relating to the illegal business of Tramadol, the printout of the documents and the said Laptop were seized under Panchnama dated 11.02.2020.

3. During further investigation, on 11.02.2020 the team of NCB searched the Office of M/s. Azesto Imprex Private Limited Nagpur, Maharashtra and in said office Sachin Makade, Barun Chauhan, Tejas Patel, Bablu and Amol were present. During investigations, personal mobile phones and laptop of Sachin Makade, Barun Chauhan and Tejas Patel were checked and all were found to contain mail regarding orders of Narcotic tablets, chat/files were found. On inquiry they informed they book orders from Singapore for foreign countries through Lutz. Accordingly, mobile phones and laptops of Sachin Makade, Barun Chauhan and Tejas Patel were seized vide Panchnama dated 11.02.2020. The statements under Section 67 NDPS of the aforesaid person were recorded wherein they admitted their involvement in trafficking/transportation/shipping/external dealings in Tramadol and other psychotropic substances/drugs from India to USA, UK and Singapore to and other European countries.

4. Petitioner Sachin Makade was arrested on 12.02.2020 and Bhagwan Dangare on 21.02.2020. During the investigation, reports along with data and exhibited documents were received from SIFS India Forensic Laboratory and from the mobile phones seized from Sachin Makade, data was extracted from mirror image showing huge chatting regard to NRX tablets and chatting with Lutz at Singapore, Bitcoin transactions. Other incriminating documents were also found. Further from the Laptop seized from Sachin Makade, a mirror image of data extracted, showed shipping orders of Tramadols, customer list, rate list of medicine, huge shipping orders, transaction of bitcoins, dark net etc. The CDR show they were in constant touch with customers and were involved in illegal trading of narcotics medicines. Thus, it was urged by the prosecution the accused persons are involved in illegal trafficking of Tramadols and other medicines at international level an