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DELHI HIGH COURT
YOGESH KHANNA
Sachin Makade – Appellant
Versus
Narcotics Control Bureau, New Delhi – Respondent
| Table of Content |
|---|
| 1. facts surrounding the narcotics case. (Para 1) |
| 2. arguments on the sufficiency of evidence. (Para 2 , 3) |
| 3. court's analysis regarding evidentiary standards. (Para 4 , 5 , 6 , 7 , 8 , 9) |
| 4. previous case references impact on bail. (Para 10 , 11 , 12 , 13) |
| 5. final conclusion on bail granted. (Para 14 , 15 , 16 , 17) |
JUDGMENT
Yogesh Khanna, J.
1. Both the petitions are being considered together. The brief facts are:
a) a prosecution complaint has been filed under Sections 22(c), 23(c), 24, 25, 27A read-with Section 29, NDPS Act before the Special Judge (NDPS Act), Patiala House Courts, New Delhi against the accused persons, i.e. Dipu Singh, Sachin Makade, Barun Surendra Chauhan, Tejas Rajesh Patel, Bablu Bhagwan Dangre, Taha Toufique, Oliva Sinha and Rohit Sanghpal Gaurkhede.
b) on 31.01.2020, on the basis of an information, following recovery and seizure was effected on 31.01.2020: i) 4200 Tablets of Zolpidam (1.050 Kg) and ii) 6000 Tablets of Alprazolam (1.200Kg) from parcel bearing No. 535153356 destined to Great Britain, lying at TNT India Pvt. Ltd. (Fedex Courier) near new Custom House, IGI Airport. The documents attached with said parcel, revealed during invest
Corroborative evidence alone is insufficient for conviction under NDPS Act, necessitating substantial direct evidence; bail granted due to lengthy custody without conclusive evidence.
per Section 66 of the NDPS Act, it is presumed the documents and other material seized and/or produced by the person are deemed to be conclusively proved and shall be used against such person unless ....
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.
Admissibility of evidence, commercial quantity of contraband, and likelihood of the applicant to commit similar offences while on bail.
The inadmissibility of confessions made to NDPS officers by the accused and the overriding of the statutory embargo created under Section 37 of the NDPS Act by the fundamental right guaranteed under ....
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....
Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and that he will not i....
Point of Law : Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and tha....
The court denied bail under the NDPS Act due to substantial evidence of involvement in drug trafficking and failure to prove innocence, in line with stringent bail conditions.
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