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JASMEET SINGH
Dixita Golwala – Appellant
Versus
Narcotics Control Bureau – Respondent
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 thr
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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