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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jasmeet Singh, J.
Sarvothaman Guhan @ Sarvo – Appellant
Versus
Narcotics Control Bureau – Respondent
Bail Appln. 2879 of 2022 & Crl.M.A. 19629 of 2022
Decided On : 13-09-2023
| Table of Content |
|---|
| 1. details leading to the bail application. (Para 1 , 2 , 3) |
| 2. arguments against prosecution based on evidentiary issues. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. discussions on procedural lapses affecting the case credibility. (Para 11 , 12 , 13 , 14 , 15) |
| 4. analysis of the timeline and effect of delays in evidence handling. (Para 16 , 17 , 18) |
| 5. exploration of discrepancies in contraband recovery. (Para 19 , 20 , 21 , 22) |
| 6. non-compliance with key statutory provisions. (Para 23 , 24 , 25 , 26) |
| 7. general observations on prosecution's procedural conduct. (Para 27 , 28 , 29) |
| 8. conclusion on applicant's role and conditions leading to bail. (Para 30 , 31 , 32 , 33) |
JUDGMENT
Jasmeet Singh, J. This is an application seeking grant of regular bail in NCB Case VIII/46/DZU/2021 dated 05.08.2021 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. As per the prosecution, the facts of the case are:
A. On 04.08.2021, on the basis of information shared by NCB, Kolkata Zonal Unit, Kolkata, the Applicant 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 0.45 gram tablets of Ecstasy (MDMA), which was seized vide Panchnama dated 04.08.2021.
B. During investigations, search at House of the applicant i.e. Flat No. 104, Tower-D-14, Supertech Eco Village-3, Greater Noida West, U.P. 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.
C. The Applicant further revealed that he was procuring drugs through Courier which used to be delivered at the address of Accused No.2/Rahul Mishra. The applicant also informed during investigation the address of his friend Rahul Mishra with the assertion of possibility of recovery of contraband. Based upon such information, a search was conducted at House of Rahul Mishra i.e. House No. 306, Ground Floor, Ashoka Enclave, Sector-35, Faridabad, Haryana and 1.05 kgs of Ganja was recovered which was seized vide Panchnama dated 05.08.2021 in the presence of independent witnesses.
D. The applicant during enquiry had also disclosed about his other friend Accused No.3/Aashray Pandey who collected another parcel of drug from the House of Rahul Mishra and was supposed to handover said parcel to the applicant at Ambience Mall. Thereafter, based on said information, investigations led to Aashray Pandey who was intercepted at Ambience Mall Gurgaon with a parcel having the name of Rahul Mishra R/o 306, Ashok Enclave, Sector-34, Faridabad, Haryana 121003, Ph. 9810970898. This Parcel with slip of DTDC C10403792 had 410 grams of Ganja which was seized from his possession vide Panchnama dated 05.08.2021.
E. The Applicant tendered his voluntary statement under section 67 NDPS Act and revealed that he is involved in narcotic drug business and having ordered weed of superior quality through his known contact Ms. Tareena Bhatnagar and for this he paid Rs.6 Lakhs to Accused No.4/Jasbir Singh. He further revealed that money was paid to Jasbir Singh through bitcoins and he was on Telegram App with a pseudonym "Optimas 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 the said illegal business.
F. The statements of Rahul Mishra and Aashray Pandey under section 67 NDPS Act were recorded. The applicant and co-accused persons, Rahul Mishra and Aashray Pandey were consequently arrested on 05.08.2021.
G. Accused No. 4/Jasbir Singh appeared and tendered his voluntary statement under section 67 NDPS Act on 01.09.2021. The disclosure made by Jasbir Singh was regarding drug syndicate operation through Darknet and Orient Express Group on Telegram App and which involved Shradha Surana, Parichay
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 admissibility of recoveries made based on an accused person's disclosures, compliance with procedural requirements under the NDPS Act, and the relevance of electronic evidence such as WhatsApp ch....
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....
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.
The central legal point established in the judgment is the significance of conscious possession, joint possession, and compliance with procedural requirements under the NDPS Act in determining bail e....
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 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.
Drug offence – Once Investigating Officer has found sufficient evidence to prosecute accused for offence for which First Information Report has been registered, FSL report would only be corroborative....
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