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14. Learned senior advocate submitted that since there is serious lapse in the case made out by the prosecution and when 0.01 gram of contraband is added to bring it within the ambit of commercial quantity, the same is to be taken note of by this Court to enlarge the accused on bail. The petitioner is an IIT graduate from Delhi and Madras working as an Engineer. He has no antecedents to deny the bail. Therefore, he prays for allowing the petition.

15. Per contra, learned Senior Central Government Counsel opposing the petition submitted that the parcel which was received in Foreign Post Office suspected to be containing the contraband. It was opened and found that it was containing 34.38 grams of ganja and 0.11 grams of LSD which is of commercial quantity. When controlled delivery of the parcel was tendered, it was the petitioner who accepted it and paid the charges through UPI. He categorically admitted procurement of contraband through dark web by paying through crypto currency.

20. Learned Senior Central Government Counsel submitted that the petitioner has categorically admitted that he imported the substance through dark web by paying through crypto currency. He also admitted that it is not for the first time he is importing the drug. Learned Senior Central Government Counsel produced the copy of the account statement pertaining to the petitioner issued by HDFC bank, wherein, there is an entry dated 05.01.2024 for having paid the sum of Rs.2023/- to one Naganna N K, who is the postmaster through UPI - phonepay for having received the controlled delivery of the parcel. The petitioner admitted that there was controlled delivery of the parcel as provided under Section 50-A of NDPS Act. He also admits that 34.38 grams of ganja and 10 strips of LSD were imported by him. It was the conscious act of the petitioner in importing/purchasing the substance which squarely attracts the penal provisions invoked by the respondent.

24. In view of the rival contentions urged by the learned counsel for both the parties, the point that would arise for my consideration is:

"Whether the petitioner is entitled for grant of bail under Section 439 of Cr.P.C.?"

My answer to the above point is in 'Negative' for the following:

REASONS

25. The case made out by the prosecution is that on 02.01.2024, a credible information was received regarding a parcel received in the foreign post office in the name of one Pandu. It is suspected that the parcel is containing narcotic drugs and psychotropic substance. Therefore, the parcel was opened in the presence of witnesses and a mahazar was drawn. It was containing one plastic pouch with 10 strips/blot papers suspected to be LSD and another pouch containing some jelly candy, which was tested with the help of drug testing kit, which gave the positive report for ganja. 10 LSD strips/blot papers were weighing 0.11 grams, whereas the ganja was weighing 34.38 grams. The address of the consignee mentioned on the shipment was that of one Pandu, No.308, Royal Heritage Apartment, Old Madras Road, Bengaluru. Therefore, the controlled delivery of the parcel as provided under Section 50-A of NDPS Act was executed. It was received by the petitioner by paying the requisite custom duty. The petitioner was enquired who admitted that he booked the drugs through dark web by paying the consideration through crypto currency. After following the procedures as contemplated under law, the voluntary statement of the petitioner was recorded. The copy of voluntary statement of the petitioner is produced along with the petition, wherein, he admitted receiving of the parcel by paying an amount of Rs.2,023/- as custom duty. He also admitted that he had ordered the ganja and LSD for his consumption. He also states that he is consuming drugs like ganja and LSD since long time and used to purchase it through dark web by paying bit coins.