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IN THE HIGH COURT OF DELHI AT NEW DELHI
ANU MALHOTRA, J.
Arti - Petitioner
Versus
The State Govt. of Nct. of Delhi - Respondent
BAIL APPL. 2283 of 2017
Decided On : 08-06-2018
Bail Application - Narcotic Drugs and Psychotropic Substances Act, 1985 - Section 29, Section 20(b)(ii)(C), Section 201 of the Indian Penal Code, 1860 - Summary of Acts and Sections: The court discussed the provisions of Section 29 r/w Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 201 of the Indian Penal Code, 1860. The interpretation of these provisions influenced the court's decision to dismiss the bail application.
Fact of the Case:
The applicant sought bail for alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Indian Penal Code, 1860. The charges included hatching a criminal conspiracy to sell contraband and destroying evidence.
Finding of the Court:
The court found that the totality of circumstances did not provide reasonable grounds to believe that the applicant was not guilty of offences involving commercial quantity of contraband or that she would not be likely to commit any offence if on bail.
Issues: The issues revolved around the alleged criminal conspiracy, possession and sale of contraband, destruction of evidence, and the admissibility of the co-accused's disclosure statement.
Ratio Decidendi: The court's decision was influenced by the interpretation of the provisions of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Indian Penal Code, 1860, and the totality of circumstances in the case.
Final Decision: The bail application was dismissed, and the Trial Court Record was ordered to be returned.
ANU MALHOTRA, J.
1. The applicant/petitioner Arti w/o Sh. Buddan Paswan, vide the present bail application no. 2283/2017, the applicant/petitioner seeks the grant of regular bail in terms of Section 439 of the Criminal Procedure Code, 1973 submitting to the effect that she is incarcerated since the date of her arrest on 15.09.2017 qua the alleged commission of the offences punishable under Sections 29 r/w Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 201 of the Indian Penal Code, 1860 in relation to the FIR No. 134/17 PS Crime Branch in which she claims that she has been falsely implicated.
2. Notice of the application was issued to the State.
3. The status report dated 15.12.2017 as submitted by the State is on the record.
4. In terms of the proceedings dated 23.01.2018, the State has submitted the copy of the charge-sheet in the instant case on record.
5. Reliance was also sought to be placed on behalf of the State on the statements recorded during the course of the investigation and the Trial Court Record has thus been requisitioned which has been received and has been perused.
6. A perusal of the Trial Court Record indicates that the charges have been framed on 16.02.2018 of the said Special Judge (NDPS), Additional Sessions Judge, North West, Rohini Courts, Delhi against the petitioner herein Arti along with the co-accused Sanjeev Shah to which the petitioner herein Arti and the co-accused Sanjeev Shah have pleaded not guilty and claimed trial.
7. The charges framed against the present petitioner herein Arti are to the effect that on 08.08.2017 between 6.00 p.m. to 8.00 p.m. in Village Alipur, both of them had hatched a criminal conspiracy to commit the offence of sale of 22 Kilo 200 Grams of Ganja (i.e. contraband of commercial nature) and that on 08.08.2017, the petitioner herein Arti had given 22 Kilo 200 Grams of Ganja to the co-accused Sanjeev Shah for selling the same to Guddi of Village Pitampura and that the CDR of the mobile phone no. 8800477358 used by the petitioner herein Arti and the mobile phone no. 8750623462 used by the co-accused Sanjeev Shah revealed that both the petitioner herein Arti and the co-accused Sanjeev Shah were in telephonic contact with each other and thus the petitioner herein Arti along with the co-accused Sanjeev Shah had allegedly committed the offence punishable under Sections 29 r/w Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985 and under Section 201 of the Indian Penal Code, 1860. Inter alia, the petitioner herein Arti was also charged with having used the mobile phone no. 8800477358 and all her talks were made to the co-accused Sanjeev Shah and on two other phones from the said phone number as on 09.08.2017, which is reflected as being the last call from the mobile phone no. 8800477358 as per the CDR and after 10.00 p.m., the petitioner herein Arti caused the material evidence i.e. the mobile phone and SIM of phone no. 8800477358 to disappear by breaking and throwing the same into the Piyao Maniyaari Naala with intent to screen herself from legal punishment for the offence of the conspiracy of the commission of the offences of possession of sale of the contraband i.e. Ganja and thus allegedly committed an offence punishable under Section 201 of the Indian Penal Code, 1860.
8. The co-accused Sanjeev Shah in the instant case was also charged qua the alleged possession of 22 Kilo 200 Grams of the commercial quantity of Ganja while securing the same in the Wagon R car bearing no. DL1CQ 2548 for selling the same and was alleged to have committed offences punishable under Sections 20(b)(ii)(C) & 29 r/w Section 20(b)(ii)(C) of the Narcotic Drugs and Psychotropic Substances Act, 1985.
9. The charge-sheet in the instant case indicates that on 09.08.2017 ASI Virender Singh, the Investigating Officer was present in his Investigating Officer room at the NR/Crime Branch, Sector-18, Rohini, Delhi wherein at about
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