IMPORTANT POINT
The NDPS Act mandates strict conditions for bail in cases involving commercial quantities of narcotics, requiring clear evidence of innocence.

ORDER :

1. Instant criminal misc. bail application has been filed by the accused petitioner under section 439 Cr.P.C. in connection with Case No. VIII(10)/02/NCB/JPZU/2024 dated 03.02.2024 registered at Police Station Narcotics Control Bureau, Zonal Unit, Jaipur for the offences punishable under sections 8(c), 22(c), 27 read with section 29 of the NDPS Act, 1985.

2. The Case No. VIII(10)/02/NCB/JPZU/2024 was registered with the facts that as per the secret information received, on 02.02.2024 the Narcotics Bureau, Regional Unit, Jaipur, seized 10 LSD blot paper weighing 04 gm. from a parcel tracking number ET987749165IN at Sub Post Office, Vaishali Nagar. After seizure of material a dummy parcel was prepared and was sent through the Postman Dharamveer to Rahul Jangid at his address 75A, Saraswati Path, Karni Vihar, Ajmer Road, Jaipur and was handed over to him after verifying his identity and such act of him is offence under section 8(c), 22(c), 27 and 29 of the NDPS Act.

The accused Rahul Jangid in his statement recorded under section 67 of the NDPS Act has admitted that he made order for 7 parcels. On 03.02.2024 other parcel containing 23.4 gram ganja was seized from the Post Office.

3. Counsel appearing for the accused petitioner submitted that there is no recovery of any contraband from the possession of the accused petitioner and the alleged recovery is apparently at the Post Office on 02.02.2024 and merely on the allegation that a parcel came in the name of the accused petitioner, whereas the accused petitioner was issued notice for 02.02.2024 for appearance on the very same day under Section 67 of the NDPS Act but the accused petitioner was kept in wrong confinement and his statement was recorded under coercion. Thus, it is clear that the accused petitioner has falsely been implicated in this case. Counsel further submitted that even otherwise provisions of section 22(c) read Sections 27 and 29 of the NDPS Act are not at all attracted against the accused petitioner as nothing has been found in the possession of the accused petitioner.

4. Counsel further submitted that the accused petitioner was arrested in the matter without any legal evidence and completely in violation of the mandate of law and the custody of the accused petitioner is itself contrary to law. Counsel also submitted that there is nothing on the record to connect the accused petitioner with the alleged parcel and more so the proceeding and relation to the alleged parcel were conducted contrary to law.

5. Counsel also submitted that the accused petitioner was allegedly arrested for LSD blot paper contraband, which is not recovered from him. Counsel further submitted that there is violation of section 50A of the NDPS Act. Counsel submitted that the contraband was not opened in the presence of the accused petitioner and the same was opened by the NCB. Counsel also submitted that prior to receipt by Vaishali Nagar Post Office, the bag was opened twice which clearly cast doubt that the parcel can be manipulated.

6. Counsel further submitted that as per the test memo the net weight of sample NSD was 01.11 gms on 15.02.2024 and as per the FSL test report, the gross weight of the contraband with plastic pouch was 0.1 gms, which is lesser than the sample taken on 15.02.2024 and the sample which was taken on 15.02.2024 was the net weight of sample i.e. 0.11 gms but the gross weight as per the FSL report including the plastic pouch was 0.1 gm, which clearly shows that even the samples sent to the FSL were manipulated.

7. Counsel further submitted that as per the seizure memo and test memo, the total weight of LSD blot paper was 0.4 gm but how many LSD tickets were sent to the FSL, is not clear from the test memo. Counsel also submitted that whole of the alleged contraband was not sent but out of that only some tickets were sent. Therefore, the other material which was not sent for FSL cannot be assumed to be contraband and thus the same falls less than the commercial quanti