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JASMEET SINGH
Kashif – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
Jasmeet Singh, J. This is an application seeking bail in case being Crime No. VIII/19/DZU/2022, under section 8/22(c)/23(c)/29 of the Narcotic Drugs and Psychotropic Substances Act,1985 ("NDPS").
2. According to the prosecution, the brief facts of the case are:
A. An information was received by Junior Intelligence Officer (JIO) of Narcotics Control Bureau (hereinafter NCB/the Respondent), Sunil Kumar, whereby it was stated that the parcel bearing AWB No. 7702909491 is lying at DHL Express Pvt. Ltd. Rama Road, Kirti Nagar, New Delhi and was suspected to contain psychotropic substance and in relation thereto the said officer informed the Superintendent, Sh. Amit Kumar Tiwary who directed another officer Anoop Kumar (JIO) to take necessary action.
B. In pursuance of the above said directions, a team was constituted and on the same day at around 3pm the team departed from NCB office and reached DHL office at around 3:40pm. Thereafter, at DHL Express office the team disclosed the information to the Supervisor, Mr. Ankur Singh who joined the team as independent witness.
C. The said parcel was opened in which 11 lace rolls and 3 pieces of clothes were found. After checking one lace
The judgment established the importance of a reasonable time frame for filing an application for sample collection and certification under section 52A NDPS to prevent tampering with seized contraband....
Seizure of contraband drugs – Even if it is shown that procedure under Section 52A of NDPS Act is not followed, accused does not automatically become entitled to bail as a matter of right.
The court reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
petitioner cannot be extended benefit of bail on the ground that reduction in weight of the contraband seized was noticed at the time of certification by the Magistrate under Section 52A than the wei....
The importance of compliance with the Standing Orders for sampling procedure under the NDPS Act and the need to consider reasonable grounds for granting bail in cases involving the liberty of the per....
Non-compliance with procedural rules does not automatically render actions null and void, and the prosecution must prove the guilt of the accused beyond reasonable doubt.
Non-compliance with Section 52A of the NDPS Act, requiring samples to be drawn and certified by a Magistrate, vitiates the trial as it fails to produce primary evidence.
Narcotic Substances - Bail rejected - Petitioner has been found in possession of contraband of commercial quantity - Court is unable to record a finding that there are reasonable grounds for believin....
The main legal point established in the judgment is the importance of adherence to strict process under the NDPS Act, the doubt arising from lack of compliance with sampling procedure and Standing Or....
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