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CHANDRA DHARI SINGH
Rishabh Tandon – Appellant
Versus
Narcotics Control Bureau – Respondent
ORDER :
CHANDRA DHARI SINGH, J.
1. The instant bail application has been filed on behalf of the applicant under Section 439 of the Code of Criminal Procedure, 1973 (hereinafter “CrPC”) (now Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023) seeking regular bail in complaint case no. VIII/42/DZU/21 registered under Sections 22(c)/23(c)/29 of the Narcotic Drugs and Psychotropic Substances, Act, 1985 (hereinafter “NDPS”) at Police Station –Narcotics Control Bureau (hereinafter “NCB”).
2. As per the prosecution, on 26th July, 2021, secret information was received by Sh. JP Singh, Investigating Officer, NCB-DZU that a parcel bearing no. 8007134192 containing narcotics and psychotropic substance destined to United States is lying at DHL Express Pvt. Ltd.
3. Thereafter, the information was reduced into typing and was put before Assistant Director, NCB-DZU who marked the same with the direction to take necessary actions as per the law under the NDPS Act. The raiding team was constituted and they, along with the field-testing kit and all the requisite items required for search and seizure proceedings, reached DHL Express Pvt. Ltd., 71/3 Rama Road, Near Kirti Nagar, New Delhi at about
The court ruled that mere procedural lapses do not justify bail in cases involving commercial quantities of narcotics, emphasizing the presumption of conscious possession under the NDPS Act.
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays in trial and legal defects in the prosecution's case.
The main legal point established in the judgment is that possession of commercial quantity contraband invokes the rigour of Section 37 of the NDPS Act, precluding bail. The judgment also emphasizes t....
Procedural compliance under the NDPS Act is crucial for the admissibility of evidence, and failure to adhere to these provisions can lead to the grant of bail.
The court emphasized the importance of compliance with procedural safeguards in drug-related cases, granting bail due to significant delays and procedural lapses.
Procedural non-compliance in drug seizure cases can lead to bail being granted, especially when the accused has been in custody for an extended period without trial.
Non-compliance with procedural rules does not automatically render actions null and void, and the prosecution must prove the guilt of the accused beyond reasonable doubt.
The court reaffirmed that non-compliance with procedural safeguards under the NDPS Act, particularly Section 52A, does not automatically entitle an accused to bail; the court must still find reasonab....
The court emphasized that bail under the NDPS Act requires satisfaction of two conditions: reasonable grounds for believing the accused is not guilty and that he is not likely to commit an offence wh....
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