Aspecial NDPS court in metropolis determined that at the initial stage of AN investigation, WhatsApp messages with a co-accused weren’t substantial ANd enough to carry an defendant behind bars particularly once there was been no recovery of contraband.
The order was lapsed the special NDPS decide SH Satbhai on Thursday as he granted bail to AN Australian designer United Nations agency was in remission last week on charges of acquisition and consumption of medication. defendant Paul Gerard Bartels, a resident of Santacruz West of metropolis, has been living in India for the last eight years.
While no contraband was recovered, NCB officers claimed that they’d stumble upon chats that|during which|within which} medicine were mentioned with 2 alternative defendant in an exceedingly case which the agency is searching in actor Sushant Singh Rajput’s death.
“From aforesaid messages, it’s tried to contend that the defendant is dealing in medicine as a peddler/ provider of medication. however at this stage, those WhatsApp messages aren’t substantial and enough to carry the role of defendant as a peddler/supplier of medication,” aforesaid the decide.
While granting bail to Bartels, the court noted, “In case in future, if the cogent material is collected by the NCB demonstrating the role of defendant as peddler/supplier of medication, then the situation would differ. the very fact that the NCB, when the arrest of defendant on his production before the Metropolitan official, failed to evoke his NCB custody, it goes to indicate that there was no material accessible with the NCB to interrogate the defendant and to form the more investigation explaining that he’s not the buyer of the medicine, however his role is as a peddler/supplier of medication.”
The court more added: “In absence of any substantial material, taking in to account the very fact that no contraband material was found/recovered from defendant and except the statements of co-accused and WhatsApp messages, there’s no substantial material to treat the defendant as a peddler/supplier of medication, it’s going to not be even to refuse to increase the concession of the bail.” The court additionally noted that the opposite 2 defendant in keeping with whose statements and WhatsApp chats had LED to Bartels arrest have additionally been free on bail.
The court granted bail to Bartels on furnishing a private bond of Rs one large integer. Bartels has additionally been ordered to surrender his passport, not leave metropolis.