OBINERI SOPURU ISAIAH Vs. STATE

JUDGEMENT

(1.) The three Applicants before this Court are seeking bail in connection with Crime No. 145/2019 registered at the Pernem Police Station, North Goa. Investigation in the said case was completed and chargesheet was filed on 7/2/2020, whereby the Applicants and other accused persons are alleged to have committed offences under Ss. 20(b)(ii)(A), 22(B) and 22(C) of the Narcotic Drugs and Psychotropic Substance Act, 1985 (NDPS Act). The Applicants are seeking bail, inter alia, on the ground of parity for the reason that this Court has granted bail to three other accused persons pertaining to the same alleged crime.

(2.) The allegation against the Applicants and the other accused persons is that contraband material was found in their possession and recovered while they were travelling in a car and a scooter. First Information Report (FIR) was registered on 14/8/2019 and investigation was undertaken. According to the Applicants, they are similarly situated like the three other accused persons already enlarged on bail. It is submitted that there is no material on record to connect the Applicants with the aforesaid crime and it cannot be said that they were in conscious possession of any contraband material. It was further submitted that the Chemical Analysis (CA) report in the present case, when read with the contents of the complaint, shows that the quantities recovered were not commercial quantities.

(3.) Mr. T. George John, the learned Counsel appearing for the Applicants, made submissions on the aforesaid lines, claiming that the Applicants are entitled for grant of bail on the ground of parity with the other three accused persons. It was submitted that the Applicants are entitled for bail, since the CA report demonstrated that commercial quantity was not recovered in the present case. It was emphasised that Accused nos. 5 and 6 in the present case were already granted bail by order dtd. 8/9/2021, on the aforesaid ground pertaining to the contents of the CA report. On this basis, it was submitted that since the Applicants would be co-operating with the Trial Court and they undertake to abide by conditions that may be imposed while granting bail, the present applications deserve to be allowed.