Corroborative evidence alone is insufficient for conviction under NDPS Act, necessitating substantial direct evidence; bail granted due to lengthy custody without conclusive evidence.

JUDGMENT

Yogesh Khanna, J.

1. Both the petitions are being considered together. The brief facts are:

a) a prosecution complaint has been filed under Sections 22(c), 23(c), 24, 25, 27A read-with Section 29, NDPS Act before the Special Judge (NDPS Act), Patiala House Courts, New Delhi against the accused persons, i.e. Dipu Singh, Sachin Makade, Barun Surendra Chauhan, Tejas Rajesh Patel, Bablu Bhagwan Dangre, Taha Toufique, Oliva Sinha and Rohit Sanghpal Gaurkhede.

b) on 31.01.2020, on the basis of an information, following recovery and seizure was effected on 31.01.2020: i) 4200 Tablets of Zolpidam (1.050 Kg) and ii) 6000 Tablets of Alprazolam (1.200Kg) from parcel bearing No. 535153356 destined to Great Britain, lying at TNT India Pvt. Ltd. (Fedex Courier) near new Custom House, IGI Airport. The documents attached with said parcel, revealed during investigations the address and mobile number of the consignor / accused Dipu Singh who was located in Lucknow and the recovery of tablets - narcotic medicines (drugs) was effected and seized vide Panchnama dated 01-02-2020, i.e. 12,000 Tablets of Tramadol (4.800 Kgs) being recovered from the residence of accused Dipu Singh at 551 KA/G-182, Azad Nagar, Alam Bagh, Lucknow, Uttar Pradesh;

c) consequent upon the recovery of such commercial quantity from the parcel and further recovery of commercial quantity of Narcotic Tablets from the residence of Dipu Singh, who upon examination had voluntarily tendered his statement, under section 67, NDPS Act and admitted of committing an offence under NDPS Act. He further disclosed the names of other person involved in said illegal dealing with narcotic tablets and revealed the modus operandi of sending parcels not only from India but also parcels provided from Singapore to his clients. Investigations revealed involvement of co-accused Tejas Patel, Sachin Makade, Barun Surendra Chauhan, Bablu Bhagwan Dangre, and also disclosed their modus operandi followed in the commission of offences under the NDPS Act;

d) accused Dipu Singh had disclosed one Tejas Patel of M/s.Krivi Export and M/s.Azesto Impex, Nagpur is also involved along with him and he made shipments of Tramadol through him, who operate from such firms at Nagpur, Maharashtra;

e) During investigation the officers of NCB reached the office of said M/s.Azesto Impex Private Ltd., Tirupati Emperial 1, Nirala Society, plot no. 229, shop no. 1 & 2, 1st Floor Dighori, Nagpur, Maharashtra and upon inquiry the staff revealed Sachin Pandurang Makade and Barun Surendra Chauhan are the owners of the firm and though Tejas was working in the firm but he has separate firm in the name of M/s.Krivi Export. The computer kept in the office of aforesaid persons were checked and entries related to sending of narcotic medicines were found. During examination, one of their staff Udit informed main office of the firm is at plot no. 332, near Panchvati Ashram, Chitnis Nagar, Nagpur, Maharashtra. The Laptops containing entries /documents relating to illegal business of Tramadol, the printout of the documents, all were seized and were taken into possession vide Panchnama dated 11.02.2020;

f) further on 11.02.2020 the team of NCB searched the office of M/s.Azesto Impex private Limited at Plot No. 332, near Panchvati Ashram, Chitnis Nagar, Nagpur, Maharashtra and in such office Sachin Makade, Barun Chauhan, Tejas Patel, Bablu and Amol were all found present. During investigations, search of the personal mobile phones and laptops of Sachin Makade, Barun Chauhan and Tejas Patel were checked and mails were found regarding orders of Narcotic tablets and chats. The files were also found. During inve