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IN THE HIGH COURT OF DELHI AT NEW DELHI
Suresh Kumar Kait, J.
Mohd Hanif - Appellant
Versus
Narcotics Control Bureau - Respondent
Bail Application No. 307 of 2019
Decided On : 24-06-2020
NDPS Act - Bail Application - Sections 21, 23, 29 - The court discussed the provisions of the NDPS Act, 1985, specifically focusing on the control delivery operation under section 50A. The judgment highlighted the admissibility of inculpatory statements under section 27 of The Evidence Act and the restrictions under section 37 of the NDPS Act for granting bail.
Fact of the Case:
The petitioner filed a bail application in a case involving the delivery of a parcel containing contraband. The court analyzed the events leading to the interception and seizure of the parcel, the statements and actions of the accused, and the admissibility of the petitioner's retracted confession.
Finding of the Court:
The court found that the recovery of contraband and the inculpatory statements of the accused provided substantive evidence against the petitioner, leading to the framing of charges and the application of section 37 of the NDPS Act to deny bail.
Issues: The issues revolved around the admissibility of inculpatory statements, the legality of the control delivery operation, and the petitioner's retracted confession.
Ratio Decidendi: The court relied on the admissibility of inculpatory statements under section 27 of The Evidence Act and the restrictions under section 37 of the NDPS Act to establish the prima facie guilt of the accused and deny bail.
Final Decision: The bail application was dismissed, and the court emphasized that the Trial Court should not be influenced by the observations made in the present petition.
JUDGMENT
Suresh Kumar Kait, J. - The instant bail application has been filed on behalf of Mohd. Hanif for grant of regular bail in SC No.37/17 arising out of NCB complaint no. VIII/15/DZU/15 registered by the Narcotics Control Bureau under Sections 21, 23 and 29 of NDPS Act, 1985.
2. It is alleged that a parcel with commercial invoice no.9479924042 was booked on 25.07.2016 at DHL Express Pvt. Ltd, Trinidad and Tobago in the name of Abdul Rehman, house No E-353, Khadda Colony Extension, Jaitpur, Badarpur, New Delhi, India 110044. The said parcel was intercepted and seized on 27.07.2016 at Gatwick Airport, U.K. Accordingly, on 28.07.2016, Director General, Narcotics Control Bureau received a request from National Crime Agency UK for controlled delivery of a parcel which was destined to India in the name of Abdul Rehman, House No E-353, Khadda Colony Extension, Jaitpur, Badarpur, New Delhi-110044, Tel: 91- 8010725693. Said information and request for control delivery operation of the consignment in question from the National Crime Agency, U.K. was forwarded to the Zonal Director NCB DZU on 29.07.2016 by the NCB Head Quarter for taking necessary action as per the provisions of section 50A of NDPS Act. Accordingly, on 01.08.2016 Zonal Director, DZU directed and authorized Sh. Rajeev Sehrawat IO to undertake the control delivery as per the provisions of section 50A of NDPS Act vide letters dated 01.08.2016 and on 03.08.2016 Zonal Director, DZU directed and authorised Sh. Rajeev Sehrawat IO to collect the consignment parcel from the captain of flight no BA 143, namely, Mr. Martin Taylor on the same day. In the intervening night of 03/04.08.2016 the consignment in question was brought by the Captain of British Airways Flight No.BA- 143 of British Airways at IGI Airport, New Delhi and Sh. Rajeev Sehrawat IO received the said consignment from the Captain in sealed condition bearing seal no. BAO1508100 along with letter of request and Indemnity letter of the captain. After receiving the consignment Sh. Rajeev Sehrawat IO came back to the NCB/DZU office and deposited the parcel of the controlled delivery in Malkhana and entry was made in the Control Delivery register. Rajeev Sehrawat submitted his report dated 04.08.2016 before Sh. Jai Kishan Supdt. NCB/DZU. It is further alleged that on 04.08.2016 Rajeev Sehrawat IO constituted a team and left for the office DHL Okhla Phase III, New Delhi along with the parcel of the controlled delivery. Pursuant to reaching the DHL office, Rajeev Sehrawat 10 along DHL staff attempted to deliver the said parcel to the Abdul Rehman (co-accused in the present case) however was unsuccessful as the address could not be located and the call was not answered. On 05.08.2016 Rajeev Sehrawat IO received information from DHL Okhla office that Abdul Rehman (co-accused) had telephoned at their office and enquired about the parcel in question and requested to send the delivery to his address. Accordingly, the NCB officials along with delivery man of DHL courier service and the parcel of controlled delivery left for House no E-353, Khadda Colony, Jaitpur Extension, Badarpur, New Delhi, i.e. the address mentioned on the parcel of controlled delivery and the DHL staff called on the mobile number written on the said parcel and one person came to the vehicle of DHL and disclosed his name as Abdul Rehman. DHL staff obtained his signatures on the receipt slip and handed over the said parcel to him. Immediately on receiving of the parcel NCB team stopped him and Rajeev Sehrawat IO introduced himself and team members to that person (Abdul Rehman) and inquired about the said parcel. He disclosed that he had received the parcel on the instructions of his friend Hanif (petitioner herein) and the said parcel belonged to a friend of Hanif. Further informed that he had to take the parcel to Hanif and thereafter Hanif will take the parcel to Prince (Accused No.l) and handover the same to Prince. Sh. Rampal IO carried out the personal
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