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IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Sonia Shamrao Naik Gaonkar - Appellant
Versus
Narcotic Control Bureau - Respondent
Bail Application No. 351 of 2020 and Crl.M.As. 12533-35 of 2021 and 13943 of 2021
Decided On : 29-09-2021
NDPS Act - Bail Application - Section 8, 21, 27A, 29 - The court discussed the provisions of Section 50 and Section 67 of the NDPS Act, the mandatory requirements and the implications of the accused's waiver of rights. The court also highlighted the principles of presumption of innocence and the burden of proof under the NDPS Act. The judgment emphasized the stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Fact of the Case:
The petitioner was found in possession of 600 grams of Methamphetamine at a railway station and her disclosure statement led to the arrest of other accused involved in illicit narcotic trading. The petitioner sought bail, citing violations of Section 50 and Section 67 of the NDPS Act, and her retraction of the statement.
Finding of the Court:
The court found that the petitioner's possession of a commercial quantity of narcotics and her involvement in a network dealing in narcotics were established. The court emphasized the stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Issues: Violation of Section 50 and Section 67 of the NDPS Act, retraction of the petitioner's statement, and the petitioner's eligibility for bail.
Ratio Decidendi: The court emphasized the mandatory requirements of Section 50 and Section 67 of the NDPS Act, the implications of the accused's waiver of rights, and the need for substantial probable causes to grant bail under the NDPS Act.
Final Decision: The court dismissed the petitioner's bail application, citing her possession of a commercial quantity of narcotics and her involvement in a network dealing in narcotics.
JUDGMENT
Subramonium Prasad, J. - The present petition is filed under Section 439 Cr.P.C praying for regular bail in Sessions Case No. 267/ 2018 before the Special Judge, NDPS, Patiala House Court for offences under Section 8, 21, 27A, 29 NDPS Act.
2. Before delving into the bail application, it is necessary to briefly lay down the factual summation of the prosecution's case, they are stated as hereinunder-:
a) Briefly put the story of the prosecution is that on 22.02.2018, Intelligence Officer Pradeep Singh received secret tip that the Petitioner, travelling by Train from Hazrat Nizamuddin Station, Delhi to Mumbai, was carrying illegal contraband in her baggage. This information was reduced to writing and a teamwas assembled headed by Anand Kumar, I.O. left for Hazrat Nizamudidn Railway Station.
b) At the Railway Station, two lady constables Suman Lata and Sudesh Kumari agreed to join the team as independent witnesses. At the designated time of boarding, the Petitioner was seen & identified by the NCB officials and stopped by them and asked questions about her trip and destination. The Petitioner introduced herself as Sonia Naik, showed them her rail ticket and identification card.
c) Mr. Anand Kumar, I.O. after ascertaining her details served a Section 50 Notice on the Petitioner and informed her of her rights of being searched by a Gazetted office or in the presence of Magistrate. The Petitioner replied in writing on the notice that she did not want to be checked in the presence of a G.O./ Magistrate. The I.O. offered his team to be checked by the Petitioner which she declined. A lady officer duly conducted personal searched on her in the presence of an Independent witness. Nothing was found on her body. The lady officer then checked her maroon bag where amongst other things a gray bag with marking of Baby was found to be a decoy and upon tearing open the bag two plastic packets were tied together in a linen cloth, they were found to be a crystalline substance suspected to be illegal contraband. A test of that crystalline substance was done on the spot and it tested positive to be Methamphetamine. She was found to be in possession of 600 grams of Methamphetamine. Seizure of the substance was done in accordance with the NDPS Rules and seizure panchanama was prepared.
d) On being asked about where she procured the substance the Petitioner told the I.O. that she was given the drugs by Nigerian native a.k.a. Moses Henry and gave his mobile number. A notice u/s 67 of NDPS dated 22.02.2018 was served on the Petitioner to appear before I.O. Vikas Yadav for further enquires. The Petitioner complied and appeared before the I.O. and stated that she is a native of Goa and shifted to Bombay in 2017 for a job in the Film Industry and in Bombay met a Nigerian person namely Cosmos who introduced her to his friend, Oba from Delhi who later became her boyfriend and told her that he was engaged in the Cloth Business. She stated that Oba introduced her to Charles Ezih @ Papa and Moses Henry. It is said that she further stated Charles Ezih, Moses knew the Petitioner was traveling from Delhi to Mumbai and that Moses gave a bag to her at Charles' house in Delhi which was to be given to Cosmos on her arrival in Mumbai. She stated that she did not know the contents of the bag given by Moses to her. It is further stated that Petitioner gave material details such as addresses of the persons which she mentioned in her statement and the same was recorded, reduced to writing and was signed by the Petitioner.
e) Based on the details about Charles Ezih given in the statement of the Petitioner, steps were taken for conducting search in the residence of Charles Ezih. A team headed by Pradeep Singh, IO formed a team with an independent witness to conduct a search operation at the residence of Charles Ezih. Charles Ezih on being questioned about the 600 gms of Methamphetamine found in possession of the Petitioner, Charles Ezih confirmed that Moses Henry had given t
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
The compliance of provisions under Section 50 of NDPS Act, the recovered quantity of contraband, and the application of Section 37 of NDPS Act are crucial in determining bail applications under the N....
The mandatory compliance with Section 50 of the NDPS Act is requisite during searches, and bail is only permissible if the twin conditions of Section 37 of the NDPS Act are satisfied.
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act in restricting bail for offences involving commercial quantity of narcotics. The court emphasi....
Point of law: Recovery of contraband – Rejection of bail - contraband article is more than the commercial quantity and the investigation is still pending
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