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AMIT SHARMA
Deep Chand Kumar – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
Amit Sharma, J.
1. The present application under Section 439 of the Cr.P.C. seeks regular bail in case no. SC/213/2019, under Sections 22(c), 23(c) & 29 of the NDPS Act, titled `NCB vs. Deep Chand & Anr.' pending in the Court of learned Special Judge, NDPS Act, Patiala House Court, New Delhi.
2. The case of the prosecution is as under:
"As per the case of prosecution, on the basis of information dated 01.11.2018, a parcel bearing AWB No. 8250438140 lying at DHL Express Private Limited was searched and from the parcel, 990 tables of Ativan 2 mg (Lorazepam) weighing 49.5 grams, 1980 tables of Alpz 1 mg (Alprazolam) weighing 396 grams, 450 tablets of clox-2 (Clonazepam) weighing 90 grams and 600 tablets DIZY-10 (Diazapam) weighing 90 grams were recovered. During inquiries, it was found that the said parcel was booked from overseas courier and from Overseas courier it was found that the said parcel was book from Kavya International, and the said parcel was alleged to be booked by one Bobby. On inquiry from Bobby, he informed that it was booked by accused Deep Chand who will come tomorrow to give another parcel. Thereafter a raiding team was prepared under the directions of Sup
The main legal point established in the judgment is that the defective sampling procedure at the time of recovery and seizure of contraband can be challenged during the trial before the Special Judge....
Non-compliance with the sampling procedure may affect the prosecution's case, but the final determination of the sampling's validity should be made during the trial.
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....
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.
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 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....
The main legal point established is that the satisfaction required for granting bail under Section 37 of NDPS Act involves recording reasonable grounds for believing in the accused's innocence and un....
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
The main legal point established in the judgment is the requirement for proper collection of samples and the consequences of non-compliance with the standing orders and provisions of the Narcotic Dru....
The court ruled that mere procedural lapses do not justify bail in cases involving commercial quantities of narcotics, emphasizing the presumption of conscious possession under the NDPS Act.
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