Admissibility of evidence, commercial quantity of contraband, and likelihood of the applicant to commit similar offences while on bail.

JUDGMENT

anu Malhotra, J. - The applicant vide the present application seeks the grant of bail in relation to SC No. 244/2021 under Sections 8, 22(c), 23 & 29 of the NDPS act, 1985, submitting to the effect that he has been falsely implicated in the instant case and has been incarcerated since 5.4.2021 with it having been submitted on behalf of the applicant that there has been no recovery of any contraband from the applicant nor at his behest. Inter alia, it is submitted on behalf of the applicant that even the alleged recovery of 80.673 kg of Tramadol tablets from the residence of one Bablu at Bahadurpur, agra, U.P., cannot be attributed to the applicant. It is further submitted on behalf of the applicant that the chemical examination report in relation to the said Tramadol tablets has also not been placed on record by the Investigating agency and that thus in the absence of a complete investigation report having been filed in terms of Section 173(8) of the Cr.P.C., 1973, the applicant was entitled to be released on default bail in terms of Section 167(2) of the Cr.P.C., 1973.

2. Notice of the application was issued to the NCB. The NCB through its response dated 25.1.2022 has adverted to the contents of the complaint in the instant case Crime No. VIII/10/DZU/2021 under Sections 8, 22(c), 23 & 29 of the NDPS act, 1985, filed against one Kapil aggarwal @ Rohit S/o Prakash Chand aggarwal and against the present applicant arun Kumar Goyal @ Bauji S/o Sh. Vijay Kumar Goyal, R/o N-112, Natraj Puram, Kamla Nagar, agra, U.P. It has been submitted by the NCB that on the basis of a secret information dated 13.3.2021, the NCB team searched parcel bearing airway Bill No. 4254071485.

3. The NCB through its status report in response stated to the effect:

'1.... Briefly facts emanating from Complaint, on the basis of secret information dated 13-03-2021, the NCB Team searched parcel bearing airway Bill No. 4254071485 and seized 1200 Grams of alprazolam tablets & 1 Kg of Oxycodone Tablets from said parcel lying at DHL Express India Lt. Kirti Nagar, New Delhi which was stated to have been booked by Kapil aggarwal@Rohit of agra. Further investigation revealed 11 more parcels sent by Kapil aggarwal were lying at RightwaysLogistics, Mahipalpur, New Delhi and seizure of 14.895 Kgs of amphetamine Tablets and 144.08 Kg. of alprazolam / Tramadol Tablets was effected therefrom vide Panchnama dated 18-03-2021. Upon recovery of contraband from aforesaid parcels, in follow-up actions, Kapil aggarwal was traced. On 31-03-2021 in his voluntary statement Kapil aggarwal revealed having indulged in sending narcotic / psychotropic tablets / medicines abroad in conspiracy with co-accused and he stated to have procured these loose tablets from arun Goyal@Bauji at agra.

2. Further investigations were led on the basis of facts revealed by Kapil aggarwal and Notice under section 67 NDPS act was given to arun Goyal who on 05-04-2021 tendered his voluntary statement and during preliminary enquiry arun Goyal revealed that the seized psychotropic medicines were supplied by him to Kapil aggarwal and some more loose Tramadol Tablets were kept by him at house of one achal Gupta. after said disclosure by arun Goyal, he led the NCB Team to said place and upon reaching, achal Gupta informed having received 04 cartons from arun Goyal and without knowing its contents, he shifted those cartons to the residence of Bablu, Bahadurpur, agra, U.P.. Thereafter NCB Team was led to the place of Bablu wherefrom 4 cartons containing loose tablets in aluminum zip pouches were recovered. The recovered tablets were revealed by arun Goyal to be Tramadol Tablets and it weighed 80.673 Kgs. arun Goyal led to the recovery of 80 kgs Tramadol Tablets which were under his conscious possession and the said seizure was effected vide Panchnama dated 05-04-2021in the presence of arun Goyal and Bablu