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2025 Supreme(Del) 72

IN THE HIGH COURT OF DELHI AT NEW DELHI 
NEENA BANSAL KRISHNA
Azeem Ahmed S/o Tanveer Ahmed – Appellant
Versus
Narcotics Control Bureau (NCB) Delhi Zonal – Respondent


Advocates Appeared:
For the Appellant :Mr. M.L. Yadav, Mr. Harish Chand, Mr. Anant Chittoria, Mr. P.C. Arya, Mr. Deepak Ahlawat, Mr. Prabhav Chittoria and Mr. Parkash Arya, Advocates.
For the Respondent:Mr. Arun Khatri, SSCNCB with Shelly Dixit and T. Sebastian, Advocates

Judgement Key Points

Based on the provided legal document, the key points regarding the bail of the applicant Azeem Ahmed are as follows:

  1. The applicant has been in custody since 05.05.2022 and the charges are yet to be framed, indicating a prolonged detention without trial (!) .

  2. 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 (!) .

  3. The applicant has already been granted bail in an interconnected case, which supports the argument for bail in the present case (!) .

  4. 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 (!) (!) (!) .

  5. 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 (!) (!) (!) .

  6. 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 (!) (!) .

  7. 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 (!) .

  8. 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 (!) (!) .

  9. 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 (!) - (!) .

  10. 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, I

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