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IN THE HIGH COURT OF DELHI AT NEW DELHI
Amit Sharma, J.
Gaurav Mendiratta – Appellant
Versus
Narcotics Control Bureau – Respondent
Bail Appln. 2970 of 2022
Decided On : 17-08-2023
CrPC - Regular Bail - NDPS Act - Sections 22(c), 23(c), 29 - The court discussed the provisions of the Code of Criminal Procedure, 1973 (CrPC) and the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in the context of seeking regular bail in a case involving recovery of narcotic drugs and psychotropic substances. The court considered the admissibility of disclosure statements, lack of evidence for money transfer, recovery of incriminating material, and call detail records. The court also referred to relevant judgments in support of the arguments presented by both parties.
Fact of the Case:
The prosecution alleged that the applicant was involved in the illicit trade of psychotropic substances, based on the recovery of drugs from parcels and a car, disclosure statements, and phone call records. The defense challenged the admissibility of the statements, lack of evidence for money transfer, and absence of incriminating material from the applicant's house.
Finding of the Court:
The court found that the prosecution failed to substantiate the money transfer, and there was a lack of evidence to establish the applicant's involvement in the alleged offenses. The court also noted the prolonged incarceration of the applicant and the slow progress of the trial, leading to the grant of bail.
Issues: Admissibility of disclosure statements, evidence for money transfer, recovery of incriminating material, and progress of the trial.
Ratio Decidendi: The court emphasized the need for evidence to support allegations, the admissibility of statements, and the impact of prolonged incarceration on the grant of bail.
Final Decision: The court allowed the application for bail, considering the lack of evidence and the prolonged incarceration of the applicant.
JUDGMENT
Amit Sharma, J. The present application under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter referred to as `CrPC') seeks regular bail in Case No. SC/213/19 arising out of NCB F No. VIII/34/DZU/2018 under Sections 22(c), 23(c) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `NDPS Act') registered by the Narcotics Control Bureau (hereinafter referred to as `NCB'), pending trial before the Court of the learned Special Judge (NDPS Act), Patiala House, New Delhi.
2. The case of the prosecution, as per the complaint dated 27.04.2019, is as under:
i. On 01.11.2018, at 1030 hours, secret information was received at the office of the NCB that a parcel bearing AWB No. 8250438140 is lying at DHL Express Pvt. Ltd. at 71/3, Rama Road, Kirti Nagar, New Delhi and the same is containing a huge quantity of narcotic drug/psychotropic substances. Acting on the said information, a team of NCB reached the aforesaid spot at about 1150 hours. The parcel in question was searched in the presence of two independent witnesses and it lead to a recovery of the following:
ii. Based on the documents recovered, it was recorded that the packet was sent by one Dheeraj Jain and was consigned to WYNN Industries, 9115, Ridge Road, Suite 18, New Port, Richey, Florida.
iii. A preliminary enquiry revealed that the parcel was booked from Overseas Courier, who in turn informed the NCB that that booking with them was made by Kavya International Courier Services, Connaught Place. Tapis Kumar of Kavya International Courier Services, in turn, informed the NCB that the parcel was booked by one Jitendra @ Bobby of Paharganj, who revealed that it was sent by one Deep Chand.
iv. On 02.11.2018, a team of NCB reached Paharganj, where they searched a car belonging to the aforesaid Deep Chand, in his presence. From his car, the following was recovered:
v. On 02.11.2018, pursuant to a notice under Section 67 of the NDPS Act, co-accused Deep Chand disclosed that the recovered parcels were given to him by Gaurav Mediratta, i.e., the applicant and had arrived at Apex Courier, Mahipalpur in his name. Co-accused Deep Chand admitted to their involvement in illicit trade of psychotropic substances. Deep Chand was arrested on 03.11.2018. On 09.11.2018, the house of Deep Chand was searched but nothing incriminating was recovered.
vi. Thereafter, on 20.01.2019, a notice under Section 67 of the NDPS Act was issued to the applicant. Pursuant to the said notice, the applicant tendered his statement on 21.01.2019 and admitted that both the parcels were sent to Deep Chand by him and that he had also deposited a sum of Rs.15,000/- in his bank account. The applicant allegedly admitted to his involvement in illicit trade of psychotropic subst
The admissibility of evidence, the impact of prolonged incarceration on bail, and the need for substantial evidence to establish allegations.
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....
Prolonged incarceration without conviction violates the constitutional right to a speedy trial, warranting bail for undertrials as per established precedents.
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.
The main legal point established in the judgment is the impact of delay in trial on the accused's right to liberty, especially in cases governed by stringent bail conditions under special acts like t....
Point of Law : The expression `reasonable grounds' has not been defined in the said Act but means something more than prima facie grounds. It connotes substantial probable causes for believing that t....
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....
Prima facie non-compliance of the second proviso to Section 42(1) of the NDPS Act and the period of incarceration were the main legal points established in the given judgment.
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