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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jasmeet Singh, J.
Dixita Golwala – Appellant
Versus
Narcotics Control Bureau – Respondent
Bail Appln. 2109 of 2022
Decided On : 25-08-2023
NDPS Act - Bail Application - Sections 8, 20, 22, 23 & 29 - Recovery of Contraband - Section 37 NDPS Act - Section 67 Statement - Forensic Mobile Extraction Report - Bail Granted with Conditions
Fact of the Case:
The Applicant, Ms. Dixita Golwala, sought bail in a case under the NDPS Act. The prosecution alleged recovery of contraband from her residence and office premises, her involvement in a drug trafficking group, and her use of a pseudonym 'Phoebe' on a Telegram group. The trial court dismissed her bail application.
Finding of the Court:
The court analyzed the recoveries of contraband from the Applicant's residence and office premises. It found that the recovery from the residence was attributable to both the Applicant and her husband, constituting an intermediate quantity. However, the recovery from the exclusive office premises of the husband was not attributable to the Applicant, except for an intermediate quantity of Hashish Chocolate. The court held that the rigors of section 37 NDPS Act did not apply to these recoveries. The court also found that the section 67 statement and the forensic mobile extraction report did not establish the Applicant's guilt. It noted that the chats did not show dealing in commercial quantity and were not directly linked to the recoveries. The court granted bail to the Applicant with stringent conditions.
Issues: The court addressed the attribution of contraband recoveries to the Applicant, the applicability of section 37 NDPS Act, the admissibility of section 67 statement, and the relevance of the forensic mobile extraction report and chats in the bail decision.
Ratio Decidendi: The court held that recoveries of contraband from the residence and exclusive office premises of the husband were not entirely attributable to the Applicant, and the rigors of section 37 NDPS Act did not apply. It also found that the section 67 statement and the forensic mobile extraction report did not establish the Applicant's guilt. The court emphasized that the chats did not show dealing in commercial quantity and were not directly linked to the recoveries.
Final Decision: The court granted bail to the Applicant with stringent conditions, considering the delay in trial, the release of other co-accused on bail, and the absence of investigation or recovery sought from the Applicant since her arrest.
JUDGMENT
Jasmeet Singh, J. This is an application seeking bail for the applicant, Ms. Dixita Golwala (wife of Mr. Krunal Golwala), arraigned as Accused No.10 in SC Case No. VIII/46/DZU/2021 under section 8 (c), 20 (b)(ii)(A), 20(b)(ii)(B), 21(b), 22(c), 23 & 29 of the The Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act").
2. The Applicant was arrested on 25.09.2021 from her residence in Surat, Gujarat and brought to New Delhi.
3. As per the Prosecution, the facts of the case are as follows:
1) On the basis of information shared by NCB, Kolkata Zonal Unit, Kolkata, a person named SarvothamanGuhan of Delhi was intercepted at IGI Airport and was questioned about the case registered at NCB, KZU, Kolkata. During enquiry, he revealed about narcotic drugs kept in his travelling bag and upon search it resulted in recovery of 30 grams Ganja and 0.45gram tablets of Ecstasy (MDMA), same seized vide Panchnama dated 04.08.2021.
2) During investigations, search at the house of co-accused, Sarvothaman Guhan was conducted and it led to recovery of 1 kg of Ganja and INR Rs.15.5 lakhs which were seized vide Panchnama dated 05.08.2021. He further revealed that he is procuring drugs through Courier which used to be delivered at the address of co-accused, Rahul Mishra.
3) Based upon such information, a search was conducted at the house of co-accused, Rahul Mishra and led to further recovery of 1.05 kgs of Ganja which was seized vide Panchnama dated 05.08.2021 in the presence of independent witnesses.
4) Sarvothaman Guhan during enquiry had also disclosed about his other friend co-accused, Aashray Pandey who collected another parcel of drug from the house of Rahul Mishra and was supposed to handover said parcel to Sarvothaman Guhan at Ambience Mall, Gurgaon. Thereafter, based on the said information, investigations led to co-accused Aashray Pandey who was intercepted at Ambience Mall Gurgaon with a parcel having name of co-accused, Rahul Mishra R/o 306, Ashok Enclave, Sector-34, Faridabad, Haryana 121003, Ph. 9810970898 was mentioned on parcel with slip of DTDC C10403792 attached to it. From the said parcel 410 grams of Ganja was seized from his possession vide Panchnama dated 05.08.2021.
5) Sarvothaman Guhan tendered his voluntary statement under section 67 NDPS Act and revealed that he is involved in narcotic drug business and ordered weed of superior quality through his known contact Ms. Tareena Bhatnagar and for this he paid Rs.6 Lakhs to co-accused, Jasbir Singh. He further revealed that money was paid to Jasbir Singh through bitcoins and he was on Telegram App with a pseudonym "Optimus Prime". He also revealed that he ordered the drug parcels on the address of his friend Rahul Mishra and further disclosed his modus operandi of handling said illegal business.
6) The accused persons Sarvothaman Guhan, Rahul Mishra and Aashray Pandey were consequently arrested on 05.08.2021.
7) Co-accused Jasbir Singh tendered his voluntary statement under section 67 NDPS Act on 01.09.2021. Disclosure was made by Jasbir Singh qua drug syndicate operation through Darknet and Orient Express Group on Telegram App. He disclosed names of co-accused Shradha Surana, Parichay Arora, Naman Sharma, Mohd Aslam@Chicko, Raghunath Kumar, being active part of said illegal business of drug trafficking whereby narcotic drugs were procured from different countries and supplied within India.
8) Consequently, the accused Jasbir Singh was arrested and produced on 02.09.2021 before the Special Court.
9) During the course of investigation of Jasbir Singh, his statement dated 12.09.2021revealed co-accused Krunal Golwala's mobile number as 9537387776 and about the pseudonym of `Phoebe' being used by accused Dixita Golwala (the Applicant herein), wife of Krunal Golwala.
10) In follow up actions, on 24.09.2021, the investigations were carried out at B-304, Nakshatra, Pal Road, Near LP Savani School, Surat and another address namely at Times Corner, Near Ambrosia Business Hub, Vesu,
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 finds that there is no prima facie case against the applicant and grants bail based on the lack of evidence linking the applicant to the alleged drug trafficking activities.
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....
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 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....
The intercepted conversation and the presumption of culpable mental state under section 35 of the NDPS Act were central to the court's decision in rejecting the bail application.
The main legal point established in the judgment is that the examination report revealing that the recovered contraband was not of a commercial quantity influenced the court's decision to grant bail ....
Admissibility of evidence, commercial quantity of contraband, and likelihood of the applicant to commit similar offences while on bail.
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