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TUSHAR RAO GEDELA
Bhaskar Khatnani – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT
Tushar Rao Gedela, J.
[The proceeding has been conducted through Hybrid mode]
1. The applicant has filed the present bail application under Section 439 of Code of Criminal Procedure,1973 seeking grant of regular bail in Case No. SC/81/19 titled "Narcotics Control Bureau Vs. Gaurav Mehta & Ors." under Sections 21(c), 23 and 29 of Narcotic Drugs and Psychotropic Substances Act, 1985, pending before the Court of learned Special Judge, NDPS Court, New Delhi.
2. The allegations as set out in the case of the prosecution are that a recovery was made from the house of one accused Gaurav Mehta, who was then arrested and it was on his disclosure statement that the respondent NCB apprehended the applicant Bhaskar Khatnani on 17.08.2018. Upon applicant's statement recorded on the same day, a further recovery at Laxmi Nagar Metro Station was made from one of the delivery boys.
3. As per the prosecution case, a secret information was received on 17.08.2018 in respect of two parcels destined to USA and Canada respectively lying at DHL Express, Rama Road, Kirti Nagar, New Delhi booked by one Gaurav Mehta of Desi Global E Mart. The parcels were suspected to contain narcotics/psychotropic
The judgment emphasizes the importance of liberty and the need to avoid pre-conviction incarceration, balancing the recovery of contraband with the potential innocence of the accused and the impact o....
Admissibility of evidence, commercial quantity of contraband, and likelihood of the applicant to commit similar offences while on bail.
The admissibility of evidence, the impact of prolonged incarceration on bail, and the need for substantial evidence to establish allegations.
The recovery of contraband, admissibility of section 67 statement, and relevance of forensic mobile extraction report and chats were central legal points established in the judgment.
The court held that confession statements under the NDPS Act require corroborative evidence, and prolonged pre-trial detention with no contraband recovery justifies granting bail.
The judgment emphasizes the principles of innocence until proven guilty, the need for substantive evidence to establish guilt, and the limitations on the admissibility of disclosure statements withou....
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 is the inadmissibility of retracted statements under Section 67 of NDPS Act and the need for corroboration of evidence in drug-related cases.
A confessional statement made before an officer designated under Section 42 or Section 53 of the NDPS Act cannot be the sole basis for conviction without safeguards. Even in cases involving commercia....
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