City civil &Sessions Court granted bail to an Australian Architect who is accused of offences under the Narcotics Drugs

City civil &Sessions Court granted bail to an Australian Architect who is accused of offences under the Narcotics Drugs

The holiday court sitting at the City Civil & Sessions Court in Mumbai on Thursday granted bail to Paul Bartels, an Australian Architect who is accused of offences under the Narcotics Drugs and Psychotropic Substances Act by the Narcotics Control Bureau.

Special NDPS Judge HS Satbhai observed that the NCB had no case against the accused and at this stage the whatsapp chats between him and other co-accused relied upon by the central agency to prove his involvement is not substantial and sufficient to prove his role as a drug peddler/supplier.

Bartels is accused of committing offences under Section 8(c) read with Section 20(b)(ii)A. 27 and 29 of the NDPS Act. On November 11, 2020, a house search of the accused was made by the officers of the NCB. However, no contraband was recovered from the accused, no incriminating material was found in the said exercise.

The Australian national is one amongst the many arrests made by the Bureau in relation to its investigation in the Sushant Singh Rajput case.

Senior Advocate Aabad Ponda appeared on behalf of the accused along with Advocate Subhash Jadhav and Special Public Prosecutor Atul Sarpande for NCB.

Court noted that the maximum punishment for offences applied in case of the present accused is one year, thus-

“In such circumstances, a notice contemplated under Section 41 A of CrPC to the accused was necessary. It is informed that the accused was summoned by the NCB, Mumbai and in response to the summons he appeared before the agency. Had it been the state of affairs, in view of sub-section 3 of Section 41 A of CrPC, it was necessary for the Investigating Officer to assign the reasons for making arrest of the accused. (Basheer Vs State of Kerala (2004)3 SCC 609). But the Memo of Arrest doesn’t speak assigning the reasons for the arrest of the accused.”

 

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