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2020 Supreme(Del) 191
IN THE HIGH COURT OF DELHI AT NEW DELHI
BRIJESH SETHI, J.
Nasir - Petitioner
Versus
State (Govt. of NCT of Delhi) - Respondent
Bail Appln. 305 of 2020
Decided On : 03-03-2020
For the Petitioner:Mr. Ankur Manav & Mr. Rajvardhan Singh, Advocates.
For the Respondent: Mr. Raghuvender Varma, APP with ASI Balbir Singh.
The court may grant bail under the NDPS Act if the accused is no longer required for investigation and considering the facts and circumstances of the case.
Headnote:
BAIL APPLICATION - NDPS Act - The court granted bail to the petitioner under the NDPS Act after considering the facts and circumstances of the case, particularly the fact that the petitioner was no longer required for the purpose of investigation.
Fact of the Case:
The petitioner filed a bail application stating that he was falsely implicated in a case under the NDPS Act and had been in judicial custody since September 2019. The charge-sheet was filed, and the case was pending before the trial court. The petitioner sought bail as he was no longer required for investigation and claimed that the recovery of drugs was planted on him.
Finding of the Court:
The court considered the petitioner's prolonged custody, the alleged recovery of a small quantity of drugs, and the fact that the petitioner was no longer required for investigation. The court granted bail to the petitioner on the grounds that no useful purpose would be served by keeping him in jail until the final disposal of the case.
Issues: The main issue was whether the petitioner should be granted bail under the NDPS Act, considering the allegations against him and the stage of the case.
Ratio Decidendi: The court's decision was influenced by the fact that the petitioner was no longer required for investigation, the alleged recovery of a small quantity of drugs, and the prolonged custody of the petitioner.
Final Decision: The court granted bail to the petitioner on furnishing a personal bond and surety, considering the facts and circumstances of the case and the petitioner's custody since 2019.
JUDGMENT :
BRIJESH SETHI, J.
1. Vide this order I shall dispose of a bail application filed u/s. 439 CrPC by the petitioner Nasir in FIR No. 305/2020 u/s. 21/61/85 NDPS Act, P.S. Bhalswa Dairy, Delhi.
2. It is submitted that the petitioner has been falsely implicated by the police officials in the present FIR which has been registered on the basis of false, frivolous and concocted facts. The petitioner was arrested by the police on 20.09.2019 and since then he is in judicial custody.
3. It is submitted that the charge-sheet was filed by the Investigating Agency on 19.11.2019 and presently the case is pending before the Ld. Court of Sh. Jitender Kumar Mishra, Ld. ASJ, North West, District, Rohini Courts, Delhi.
4. It is submitted that after framing of the charge, the petitioner moved an application before the Ld. Trial Court for seeking bail but the same was dismissed vide order dated 18.01.2020.
5. It is submitted that all the witnesses are the police officials and hence there is no question of tampering with the evidence. Nothing was recovered at the instance of the petitioner and the alleged recovery is planted upon the petitioner. No notice U/s 50 of NDPS Act was even given to the petitioner.
6. It is submitted that leading the evidence and conclusion of the case will take considerable time and therefore, no useful purpose would be served by keeping the accused in jail till the final disposal of the case. It is, therefore, prayed that petitioner be released on bail in the interest of justice.
7. Ld. APP for the state has opposed the bail application on the ground that allegations against the petitioner are serious in nature. He has, therefore prayed for dismissal of the bail application.
8. I have considered the rival submissions. The petitioner is in judicial custody since 20.09.2019 and he is no more required for the purpose of investigation. The alleged recovery of smack already stand affected. The quantity of the smack recovered from petitioner is alleged to be 6 gm only. Keeping in view the facts and circumstances of the case particularly the fact that petitioner is no more required for the purpose of investigation, he is admitted to bail on furnishing personal bond in the sum of Rs. 15,000/-with one surety in the like amount subject to the satisfaction of Ld. Trial Court.
