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IN THE HIGH COURT OF DELHI AT NEW DELHI
Jasmeet Singh, J.
Mohd. Aslam Chicko – Appellant
Versus
Narcotics Control Bureau Through Its Director General – Respondent
Bail Appln. 148 of 2022 & Cr.M.A. 3731 of 2022
Decided On : 18-09-2023
NDPS Act - Sections 8(c), 20, 22, 29 - The court examines the provisions of the NDPS Act that the applicant is charged under. The court also refers to the interpretation of these provisions in relevant case law. The court analyzes the evidence presented by the prosecution and concludes that there is no material evidence to establish a prima facie case against the applicant.
Fact of the Case:
The applicant is seeking bail in a case registered under the NDPS Act for alleged drug trafficking. The prosecution alleges that the applicant was involved in a drug syndicate operating through the Darknet and a Telegram group called 'Orient Express'. The applicant has denied the allegations and claims that his statement was obtained under coercion. The applicant argues that there is no evidence linking him to the Telegram group or any recoveries of drugs from him. The trial court had denied the applicant's bail application. The court analyzes the evidence and concludes that there is no prima facie case against the applicant. The court grants bail to the applicant with certain conditions.
Finding of the Court:
The court analyzes the evidence presented by the prosecution and the arguments made by both parties. The court examines the recoveries made, the statements of co-accused persons, the bank transactions, and the alleged chats on the Telegram app. The court finds that there is no material evidence linking the applicant to the drug trafficking activities. The court also considers the principle of parity and notes that other co-accused persons have been granted bail. Based on these findings, the court concludes that there are no reasonable grounds to believe that the applicant is guilty of the alleged offences and grants bail to the applicant.
Ratio Decidendi: 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.
Result: The court grants bail to the applicant with certain conditions.
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 in Faridabad to conduct search which resulted in the discovery of 1.050 Kg of Ganja, which was seized vide Panchnama dated 05.08.2021 in the presence of independent witnesses.
C. Further investigations conducted on the same night involved a search of Sarvothaman Guhan's residence at Flat No. 104, Tower - D-14, Supertech Eco Village-3, Greater Noida West, U.P. This search led to recovery of 1 kg of Ganja and Rs. 15,52,300/- seized vide Panchnama dated 05.08.2021. Sarvothaman Guhan confessed to procuring narcotics using various addresses belonging to his acquaintances, which also resulted in an additional drug seizure.
D. During the course of the investigation, Sarvothaman Guhan provided a voluntary statement under Section 67 NDPS Act, wherein he admitted to his involvement in a narcotics drug operation. He acknowledged arranging the procurement of high quality weed via his known contact, Ms. Tareena Bhatnagar, and confirmed making a payment of Rs. 6 lakh to Jasbir Singh for this purpose. Sarvothaman Guhan revealed that the payment was made using Bitcoins and that he communicated with Jasbir Singh through the Telegram App using the alias "Optimas Prime." He also confessed to directing the drug shipments to his friend Rahul Mishra's address, and he disclosed his modus operandi.
E. During the investigation, Jasbir Singh furnished his statement under Section 67 of the NDPS Act on 01.09.2021. The details shared by Jasbir Singh revealed the existence of a drug syndicate that operated through the Darknet and a group called `Orient Express' on the Telegram App. This disclosure highlighted the active involvement of individuals including Aslam alias Chicko (the Applicant herein), Shraddha Surana, Parichay Arora, Naman Sharma, and Raghunath Kumar in the illicit drug trafficking enterprise which showed procurement of narcotic substances from various foreign locations and subsequently distributed them within the borders of India.
F. Shraddha Surana in her voluntary statement under Section 67 of the NDPS Act on 04.09.2021confessed her active involvement in the illicit drug trade conducted via the Telegram App, alongside Jasbir Singh and other co-accused individuals. Among the documents provided by Shraddha Surana in the course of the investigation were records of Paytm transactions received from Jasbir Singh, receipts of payments in a UPI account under the name of Balia Handsa, and various other financial transactions involving UPI payments, including those with Jasbir Singh.
G. Jasbir Singh's statement on 12.09.2021 unveiled that the mobile number 9537387776 had been used by Krunal Golwala and Dixita Golwala. He disclosed their respective pseudonyms with Dixita using the pseudonym `Phoebe'. Consequently, based on Jasbir Singh's statement, investigations concerning Kru
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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