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JASMEET SINGH
Mohd. Aslam Chicko – Appellant
Versus
Narcotics Control Bureau Through Its Director General – Respondent
JUDGMENT :
Jasmeet Singh, J.
1. This is a bail application arising out of NCB case no. VIII/46/DZU/2021 registered by P.S. NCB-DZU, RK Puram, Delhi for the alleged commission of the offences punishable under Sections 8(c)/20/22 & 29 of the Narcotics Drugs and Psychotropic Substances Act, 1985 ("NDPS Act").
2. According to the prosecution, the brief facts of the case are :
A. An information dated 04.08.2021 was shared by NCB, Kolkata Zonal Unit and in reference thereto a person named Sarvothaman Guhan was intercepted at IGI Airport and was questioned/examined about the case registered at NCB, KZU, Kolkata. During the course of the investigation, the individual disclosed the presence of illegal narcotics contained in his personal luggage. Subsequent to a search operation there was discovery and confiscation of 30 grams of Ganja and 0.45 grams of Ecstasy tablets from Sarvothaman Guhan's travel bag. The aforementioned items were seized vide Panchnama dated 04.08.2021. Sarvothaman Guhan provided information that he acquired prohibited substances using a courier service, which were then dispatched to the residence of Rahul Mishra.
B. The NCB team proceeded to the residence of Rahul Mishra
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 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 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 held that confession statements under the NDPS Act require corroborative evidence, and prolonged pre-trial detention with no contraband recovery justifies granting bail.
Statements of co-accused are inadmissible without corroboration, and mere association does not establish a prima facie case for bail denial under the NDPS Act.
The court ruled that statements of co-accused are inadmissible without corroboration, impacting the prosecution's case for bail under the NDPS Act.
The court ruled that reliance on inadmissible co-accused statements cannot sustain a conviction, leading to the grant of bail under the NDPS Act.
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