Kondiba Gunjal Vs Union of India (Bombay High Court)
Bombay High Court granted conditional bail to Customs House Agent involved in transportation of drugs since applicant is already in custody for last 3 years and conclusion of trial in near future is a remote possibility.
Facts- Applicant who is Accused No.2 in the complaint filed by respondent no.1 before the Special Court, preferred the present application for bail under Section 439 of Cr. PC. Applicant submits that present Applicant/ Accused No.2 was working as a Clearing Agent and that he is related to Accused No. 1. He submits that the Accused No.2 only help the Accused No.1 in clearing some consignment. However, he had no connection at all with respect to the drugs which are found in the said consignment.
He submits that Accused No.2 is alleged to have transported the said drugs and thus except the statements recorded u/s. 67 of Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) there is no corroborative material to implicate present Applicant with the said offence.
Conclusion- It is no doubt true that a huge commercial quantity of heroin was found in the container, but except statement under Section 67 of NDPS Act which is otherwise not admissible in evidence as far as admissions/ confessions of the present Applicant are concerned, there is hardly any corroborative evidence. Thus the provisions of Section 37 of the NDPS Act would not be considered as an embargo in the present matter even though commercial quantity was detected and seized.
