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2023 Supreme(Online)(KER) 12389
NYJAL BENEDICT, – Appellant
Versus
UNION OF INDIA, – Respondent
Under Section 37 of the NDPS Act, bail is not to be granted if there are reasonable grounds for believing that the accused has committed a non-bailable offense.
Headnote:
BAIL - NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 - SECTION 37 - REGULAR BAIL - DENIED
Fact of the Case:
The petitioner was arrested for allegedly booking LSD through the dark net and making payment to the online drug vendor through a feather wallet app. The petitioner's roommate admitted to collecting the parcel containing LSD blots from the post office. The petitioner, after learning about the NCB's interception of the parcel, escaped and destroyed evidence.
Finding of the Court:
The court found that the petitioner's involvement in booking the contraband and making the payment was clear. The court also noted that the investigation was ongoing and that the statutory period for investigation had not yet expired.
Issues: Whether the petitioner should be granted regular bail under Section 37 of the NDPS Act.
Ratio Decidendi: The court held that the petitioner's involvement in the alleged offense was clear and that the investigation was ongoing. The court also noted that the statutory period for investigation had not yet expired. Therefore, the court denied the petitioner's bail application.
Final Decision: The petitioner's bail application was dismissed.
O R D E R
This is an application filed under Section 439 of the Code of Criminal Procedure, 1973, seeking regular bail.
2. The petitioner is the 7th accused in O.R No. 06/2023 of Narcotic Control Bureau (NCB), Cochin Zone. The offences alleged against the petitioner are punishable under Sections 8(c) read with Sections 21, 22(c), 28 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
3. The prosecution case as revealed from the records goes as follows:
Based on information received from Ernakulam Head Post Office on 21.06.2023 at around 14.15 hrs, 04 suspicious parcels containing suspected Narcotic substances are lying at their office. The information was submitted to the Superintendent in Charge of NCB Kochi and he directed the officer to take action as per the NDPS Act. A team of NCB Cochin reached Ernakulam Head Post Office, Hospital Road, Marine Drive, Ernakulam. In the presence of 02 independent witnesses, the NCB officer seized 04 suspected parcels which had a total of 2.23 grams (200 LSD blots) of thick multi-coloured design paper believed to be LSD. Out of the four parcels, one parcel was destined to "Abdul Haceeb, Priyanka Nivas, Pangappara P O. Chavadimuk, Thiruvananthapuram, Kerlala-695581) Mobile No 9400806365. The said parcel had 560 milligrams (50 blots) of thick multi-coloured design paper believed to be LSD. In the voluntary statements of Abdul Haseeb and his roommate Aryan V B, they admitted that, on 20.06.2023, Abdul Haseeb K. H. had come to Pangappara Post Office to collect the parcel with his hostel roommate Aryan V.B. in his Honda Maestro two wheeler bearing Reg No KL 50 G 5535. On reaching the Post Office Abdul Haseeb K.H. asked a lady staff present in the post office about his parcel. She told Abdul Haseeb K.H. that the parcel could not be handed over as the parcel had been blocked by NCB. Further, in his statement, Abdul Haseeb admitted that, as he got alerted about NCB from the post office, he deleted all the data in his phone using restore factory settings and switched off his mobile phone. He also deleted the Instagram app through which he contacted Nyjal Benedict (A-7) and also threw away his SIM Card and as soon as he knew that NCB had intercepted the said parcel, instead of informing the authorities or his parents he escaped and went first to Coimbatore and then to Bangalore to escape from the law enforcement agencies. After destroying all the pieces of evidence, on 30.06.2023 Abdul Haseeb reported to NCB Office Kakkanad, Kochi to give his voluntary statement in front of the seizing officer at NCB Office Kendriya Bhavan, Kakkanad. Based on his voluntary statement, he was arrested on 30 06 2023 and remanded at district jail Kakkanad up to 13.07 2023
4. The learned counsel for the petitioner submits that even according to the case of the respondent the parcel was not sent to his address nor was any amount paid by him. It is also stated by the respondent that all evidence has been destroyed. It is also his further submission that the paperweight has to be excluded from the contraband in which case it will be below the commercial quantity.
5. The respondent opposed the bail application pointing out that the petitioner was arrested following his voluntary statement. He had in his voluntary statement stated as follows:
“ In his voluntary statement Nyjal Benedict admitted that he booked the LSD Through dark net and, private messaging application "Sessions" for Abdul Haseeb K H. S/o Hassainar K, R/o Kongath House, Nattukal Post, Thachanattukara, Mannarkkad, Palakkad. 678583 and paid Rs 16,000/- to the online drug vendor "tile Shop' through 'Featherwallet app. The payment for the drugs was done through Monero @ XMR Currency. He also stated that Abdul Haceeb K.H sent him the required crypto currency from his featherwallet' account. The session application is preferred for drug trafficking due to the security and anonymity it offers.
Nyjal Benedict also stated that he booked the parcel which conta
