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IN THE HIGH COURT OF DELHI AT NEW DELHI
NEENA BANSAL KRISHNA, J.
Azeem Ahmed S/o Tanveer Ahmed - Petitioner
versus
Narcotics Control Bureau (NCB) Delhi Zonal – Respondent
BAIL APPLN. 540 of 2025
Decided on : 27-03-2025
(A) Bhartiya Nagrik Suraksha Sanhita, 2023 - Section 483; Code of Criminal Procedure, 1973 - Section 439; Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 22, 23, 25, 27A, 29 - Bail application for regular bail in a drug trafficking case - The applicant was arrested for transporting heroin and alleged involvement in a drug syndicate. The Special Judge dismissed the bail application based on the commercial quantity of contraband recovered, invoking Section 37 of the NDPS Act. (Paras 1, 12, 25)
(B) Bail - Conditions for granting bail under NDPS Act - The court emphasized the stringent conditions under Section 37, requiring satisfaction of reasonable grounds for believing the accused is not guilty and not likely to commit further offences while on bail. (Paras 32, 34)
Facts of the case:
The applicant was arrested after being implicated in a drug trafficking case involving substantial quantities of heroin. The prosecution alleged financial transactions linking him to the drug trade. (Paras 1-11, 13-18)
Findings of Court:
The applicant was granted bail due to prolonged incarceration without trial and lack of incriminating evidence against him. (Paras 39-41)
Issues: Whether the applicant should be granted bail in light of the stringent provisions of the NDPS Act and the nature of evidence against him.
Ratio Decidendi: The court ruled that prolonged detention without trial is not permissible and emphasized that bail should be granted unless there are compelling reasons to deny it.
Result: Bail application allowed.
Based on the provided legal document, the key points regarding the bail of the applicant Azeem Ahmed are as follows:
The applicant has been in custody since 05.05.2022 and the charges are yet to be framed, indicating a prolonged detention without trial (!) .
The court recognizes that the trial may take a considerable amount of time, but also emphasizes that there is no likelihood of the applicant fleeing, as he maintains his business and roots in India (!) .
The applicant has already been granted bail in an interconnected case, which supports the argument for bail in the present case (!) .
The court notes that the primary grounds for opposing bail are the involvement in a drug syndicate, the recovery of a commercial quantity of heroin, and the application of stringent provisions under the NDPS Act, particularly Section 37, which sets strict conditions for granting bail in such cases (!) (!) (!) .
The court considers that the applicant has not been found in possession of any contraband or incriminating material directly from him, and his role is mainly linked through financial transactions and disclosures, which are to be examined during trial (!) (!) (!) .
The applicant has a clean record, deep societal roots, and has not been shown to pose a threat of tampering with evidence or witnesses at this stage (!) (!) .
The court is guided by the principle that bail is generally the rule, especially in cases where prolonged detention occurs without trial, and that restrictions under the NDPS Act do not override this fundamental right (!) .
The court emphasizes the importance of liberty and the need to balance the severity of the offense with the rights of the accused, especially considering the delay in trial proceedings (!) (!) .
The conditions imposed for granting bail include personal bonds, surety requirements, restrictions on leaving Delhi/NCR, and prohibitions against contacting witnesses or engaging in further criminal activity (!) - (!) .
The order clarifies that granting bail does not constitute an opinion on the merits of the case, and the decision is based on the circumstances, legal principles, and the applicant's conduct and background (!) .
In conclusion, the court has admitted the applicant to regular bail under specified conditions, considering the delay in trial, the absence of direct evidence linking him to the contraband, and his societal and personal background.
JUDGMENT :
NEENA BANSAL KRISHNA, J.
1. The Bail Application under Section 483 of the Bhartiya Nagrik Suraksha Sanhita, 2023 ("B.N.S.S. 2023" hereinafter) read with Section 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C." hereinafter) has been filed to seek Regular Bail in Case No. VIII/38/DZU/2021 , under Sections 21/22/23/25/27A & 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS" hereinafter), registered at Police Station Narcotics Control Bureau ("NCB" hereinafter) R.K. Puram, New Delhi.
2. As per the case of the Prosecution, information was received on 25.04.2022 by Amrit Kumar Tiwary, Superintendent, NCB-Delhi Zonal Unit ("DZU" hereinafter) from Sh. Harish Upadhayay, Deputy Superintendent, Gujarat, ATS that a suspected person namely Md. Imran was transporting narcotic drugs in an MG Hector Car bearing Registration No. HR 87E 1111 from Muzaffarnagar scheduled to arrive at Delhi on the intervening night of 25.04.2022 and 26.04.2022 and a substantial quantity of narcotics drugs could be recovered.
3. This information was reduced in writing by SI Amit Kumar Tiwary and was put before Sh. Kuldeep Sharma, Assistant Director who directed Sh. Rahul Kumar Purbey, IO to constitute a raiding team. Thereafter, a joint team of NCB, DZU and ATS Gujarat was divided into three groups for surveillance wherein one group was stationed at Meerut Toll Plaza, Second group was stationed at Daurala Toll Plaza, NH-58 and third group consisting of IO Sh. Rahul Kumar Purbe, , IO Sh. Rajeev Sehrawat, Sepoy Dharmender Singh and Rajbir were stationed at Red Light below the Bridge Bus stand, Sarai Kale Khan, Delhi. At around 05:50 AM, the third surveillance group saw the Car bearing Registration No. HR 87E 1111 coming from the Rajghat side. As soon as the vehicle reached Red Light, Sarai Kale Khan the team gathered near the vehicle and requested the driver to come out of the car. The driver disclosed his name as Mohd. Imran resident of H. No. 1414/3 Khala Par, Kidwai Nagar, Muzaffarnagar, UP. On being asked by Sh. Rahul Kumar Purbey about his involvement in the drug trafficking business, Md. Imran disclosed that he has been involved in the same and was carrying 1 Kg of Heroin in the Car. Since the matter was sensitive, he was asked to accompany the officials to NCB-DZU Office, New Delhi along with his vehicle/car MG Hector, for further investigation.
4. At around 06:30 AM, the NCB team along with Md. Imran reached the NCB-DZU office where the officials further requested Md. Imran for personal search, which he declined. The search of vehicle MG Hector was conducted during which a light grey coloured packet on which "Flipkart" was written, was found from the trunk of the car. On being questioned, Md. Imran disclosed that the packet contained Narcotics drugs. The packet was cut-open, and a transparent polythene was recovered which contained brown coloured powder. The same substance was tested using the D.D. Kit and the Test gave a positive result for the presence of Heroin.
5. The substance was seized under Panchnama. On weighing, it was found to weigh l kg i.e. a commercial quantity under the NDPS Act and the same was kept inside one marking cloth and made into a Pulinda and given the Mark-A. The packing material on which Flipkart was written was also made into Pulinda and given Mark-B. Then white colour slips were pasted on the pullindas with Mark- A and B which were signed by Sh. Rahul Kumar Purbey, IO and Mohd. Imran and the same was sealed with the seal of Narcotics Control Bureau DZU, the Panchnama was prepared on the spot.
6. On 26.04.2022, the IO recorded the disclosure. On further investigations, Md. Imran revealed about the co-accused Razi Haider Zaidi and also informed about his godown located at Sarswati Colony near Jaroda Village Bus Stand, NH-58 Muzaffarnagar, UP ("Muzaffarnagar Godown") and possibility of recovery of huge quantities of contraband. It was further disclosed that co-accused Razi Haider Zaidi was the owner of
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