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ANISH DAYAL
Mehabub Rahaman Alias Empha – Appellant
Versus
State of NCT of Delhi – Respondent
JUDGMENT
1. This petition has been filed seeking Regular Bail in FIR No. 160/2019 registered at PS Special Cell under Section 21/29/61/85 of the NDPS Act. The petitioner has been in custody for about 1 year and 10 months.
2. The case of the prosecution is that certain mobile phone numbers being used by members of the syndicate upon surveillance were found to be involved in suspicious activities and permissions were taken for lawful interception. The interception revealed that the conversations on these mobile numbers were in code words.
3. On 18th September 2019, SI Raj Singh was present in the office of the Special Cell and was informed by a secret informer that two men namely Bajlur Rahaman and Abu Bakar, both residents of Malda, West Bengal were involved in the illegal supply of heroin along with their partner Saidul, and supply heroin in Delhi, Uttar Pradesh and West Bengal. As per the information, they were to supply heroin to the contact of Saidul in truck No. WB-57B-5270 between 03:00 pm to 04:00 pm on the outer ring road, Majnu ka Tilla, Delhi. After completing legal formalities, a raiding party was organized, and around 02:45 pm a truck with the same number halted at th
The main legal point established in the judgment is the significance of intercepted phone conversations, matching voice samples, and large recovery of contraband in establishing the existence of a co....
Points of law : Grant or rejection of bail under the NDPS Act is governed by Section 37 of the Act. Under Section 37 of the Act, the court before granting bail has to be satisfied that there are reas....
Bail under the NDPS Act requires evidence proving reasonable belief in the accused's innocence and no risk of reoffending, with the burden on the accused to demonstrate these conditions.
The court denied bail under the NDPS Act due to substantial evidence of involvement in drug trafficking and failure to prove innocence, in line with stringent bail conditions.
Non-compliance with arrest procedure and statutory requirements under NDPS cannot alone invalidate prosecution; however, substantial evidence is necessary, especially for bail under Section 37.
In narcotic offences involving commercial quantities, bail cannot be granted unless the accused demonstrates reasonable belief of innocence and lack of reoffending risk, as mandated by Section 37 of ....
The main legal point established in this judgment is that the statement of a co-accused recorded under Section 67 of the NDPS Act is inadmissible as evidence. The court also emphasizes the importance....
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