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AMIT MAHAJAN
Abdul Rab – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
The present application is filed seeking regular bail in Case No. VIII/39/DZU/2022 registered at Police Station Narcotics Control Bureau for offences under Sections 8(c), 21(c), 22(c), 23, 25, 27A, 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’).
2. It is alleged that on 27.04.2022, on the basis of a secret information, the NCB team seized 50 kg heroin, 47.06 kg suspected narcotic drugs/ psychotropic substances and Rs.30 lakh cash and other articles from the house of the accused – Razi Haider Zaidi at F-86, 3rd Floor Abul Fazal Enclave, Jamia Nagar, New Delhi.
3. During the course of investigation, accused - Razi Haider Zaidi tendered his voluntary statement thereby admitting to his role in the manufacturing of heroin in one of his godown taken on rent at Muzaffarnagar. He further disclosed that he was in contact with one Shahid (stated to be the main conspirator) based in Dubai. He further admitted that he could identify other co-accused persons who are involved in the commission of the crime.
4. On the basis of the disclosure statement of the accused - Razi Haider Zaidi, two Afghan nationals namely Qari Hamidullah and Mohammad Haikim Salimi we
(1) Bail – Courts are not expected to accept every allegation made by prosecution as a gospel truth.(2) Bail application – Disclosure statement of applicant and other co-accused persons without corro....
The main legal point established in the judgment is the application of Section 37 NDPS Act based on the commercial quantity of contraband and the evidence connecting the petitioner with the recovered....
Bail under the NDPS Act requires satisfaction of stringent conditions, but prolonged detention without trial can warrant release.
The court ruled that anticipatory bail cannot be granted under the NDPS Act when the accused is implicated through co-accused confessions and has a history of drug offenses.
In narcotic offences involving commercial quantities, bail cannot be granted unless the accused demonstrates reasonable belief of innocence and lack of reoffending risk, as mandated by Section 37 of ....
Prolonged detention without trial violates the right to a speedy trial, allowing bail despite statutory restrictions under the NDPS Act.
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