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ANISH DAYAL
Emeka Prince Lath – Appellant
Versus
State NCT of Delhi – Respondent
JUDGMENT
Anish Dayal, J.—This petition is filed by the petitioner seeking regular bail in FIR No. 391/2022 under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’) and Sections 468/471 Indian Penal Code, 1860 (‘IPC’) and Section 14 of The Foreigners Act, 1946 at PS Tilak Nagar. Petitioner is incarcerated since 8th April 2022. The APP states, on instructions, that out of 23 witnesses, 8 witnesses have been examined so far.
Factual Background
2. As per the case of the prosecution, on 7th April 2022, at about 11:45 PM, secret information was received regarding supply of heroin drugs at the office of the Narcotics Squad, West District, Tagore Garden. A raiding team was constituted that reached along with the secret informer at Gali No. 34, Sant Garh. At around 4:50 PM, petitioner was identified at the instance of the secret informer. On seeing the raiding team, the petitioner tried to escape from the spot i.e. Street No. 34, in front of House No. WZ-119A, Sant Garh, Tilak Nagar and threw one red colour pouch on the stairs of a house. He was apprehended by the police party; the suspected pouch was picked up and checked by their Field-Testing Kit and was foun
Recovery of narcotics – Seizures are made in all kinds of circumstances and they cannot be disbelieved merely on the basis that no independent witness was present.
The mandatory nature of Section 50 of the NDPS Act and the importance of safeguarding the accused's rights were established in the judgment.
Procedural lapses in NDPS Act do not invalidate trials unless they cause serious prejudice; the right to a speedy trial under Article 21 is paramount.
Strict compliance with Section 50 NDPS Act is mandatory, and any violation of its provisions can lead to the vitiating of recovery and may be a ground for bail.
The mandatory requirements under Section 50 of the NDPS Act must be strictly followed to ensure an individual's rights during searches; failure to comply renders any recovery and subsequent convictio....
Merely informing petitioner that he had rights under NDPS Act, without specifying what rights petitioner had under NDPS Act, would not constitute compliance with mandatory requirement under Section 5....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Non-compliance with the procedural requirements under Section 50 of NDPS Act is not applicable when contraband is recovered from a bag rather than a personal search.
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