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The Court found glaring loopholes in the prosecution case regarding the preparation of the samples of the contraband and safe keeping of the samples.
“The quantity of contraband assumes relevance as quantum of sentence to be awarded for an offence of possessing/transporting contraband committed under the NDPS Act is dependent on the fact whether the quantity of such contraband is small quantity, commercial quantity or intermediate quantity.”
Considering the huge quantity of contraband seized and progress of trial, the Court refused to grant bail.
The accused had spent nearly 6 years and 2 months in jail, which is more than half the period of punishment for the offences he was charged with.
“Prima facie the search and seizure, which is in contravention of the mandatory provisions of Section 42 of the NDPS Act prima facie makes the recovery doubtful.”
Kerala High Court viewed that the conviction and sentence passed by the lower courts suffered from illegality and could not be sustained.
The Court said that it prima facie seems that the petitioner was merely acting as a trader and was not in the conscious possession of the contraband hidden in the consignment.
Delhi Court observed that as per the series of events, the accused was made a scapegoat in case things did not work out as planned.
Delhi Court observed that in the absence of any evidence to link the accused persons with contraband recovered in Australia, the bar of section 37 NDPS Act stands lifted.
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