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AMIT SHARMA
Himanshu Singh – Appellant
Versus
State – Respondent
JUDGMENT
Amit Sharma, J.
1. The present application under Section 439 of the Code of Criminal Procedure ('CrPC.) filed on behalf of Himanshu Singh, the applicant, seeks grant of regular bail in case FIR No. 171/2022 dated 25.03.2022 under Sections 20/29/61/85 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ('NDPS Act.) and Section 201 of the Indian Penal Code, 1860 ('IPC'), registered at PS Kotla Mubarakpur.
2. Briefly stated, the facts relevant for adjudication of the present application are as under:
i. On 24.03.2022, secret information was received by Sub-Inspector Gajendra Singh posted at PS Kotla Mubarakpur that a person who was stated to be actively involved in peddling drugs would arrive at Kidwai Nagar to deliver a consignment of drugs. Acting upon the said information, a team of police personnel reached Nala Pulia, towards Kidwai Nagar, Near Gurjar Chowk, Kotla Mubarakpur, Delhi. At around 11:20 PM, the team spotted a boy who arrived on a grey scooty bearing registration number DL 3SE0Y 7846. The team apprehended him and served a notice under Section 50 of the NDPS Act upon him.
ii. One brown brick wrapped in brown tape was recovered from the rightside pocket o
Presumption of innocence, bail as a means to secure attendance at trial, and the punitive nature of pre-conviction detention.
The court ruled that involvement of an accused must be substantiated by adequate evidence, and statements by co-accused cannot solely establish guilt under the NDPS Act.
The admissibility of evidence, the impact of prolonged incarceration on bail, and the need for substantial evidence to establish allegations.
The court ruled that bail under the NDPS Act requires clear evidence of innocence and no likelihood of reoffending, emphasizing the serious nature of drug trafficking.
The court emphasized strict compliance with procedural safeguards under the NDPS Act, highlighting that significant lapses can undermine the prosecution's case, especially in light of prolonged incar....
The main legal point established in the judgment is the stringent conditions for granting bail under Section 37 of the NDPS Act, especially for offences involving commercial quantity of contraband su....
The central legal point established in the judgment is the application of Section 37 of the NDPS Act, which applies when a commercial quantity of contraband is to be delivered to the accused, and the....
The decision was based on the lack of material indicating the applicant's knowledge of the contraband and the satisfaction of the twin conditions of Section 37 of the NDPS Act.
In NDPS commercial quantity cases, bail granted where accused involvement relies solely on co-accused's custodial disclosure statement, inadmissible under evidence law, satisfying Section 37 twin con....
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