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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan
Mohd. Kasim Khan – Appellant
Versus
State Govt. of NCT of Delhi – Respondent
JUDGMENT :
VIKAS MAHAJAN, J.
1. The present petition has been filed under Section 483 of BNSS, 2023 seeking regular bail in connection with FIR No. 70/2024 under Section 21/29 NDPS Act registered at PS Crime Branch.
2. The case of the prosecution is that on 01.04.2024 secret informer provided information to SI Rajender Dhaka that two persons namely Mohd. Kasim (petitioner) and his brother Nazim, who are residents of Bareilly, Uttar Pradesh are involved in smuggling of narcotics substances/smack (i.e. heroin) will be coming near Shamshan Ghat, Ghazipur, Delhi on the intervening night of 01/02.04.2024 at around 01:45 A.M. to sell and deliver a huge consignment of heroin (smack). If a raid is conducted they could be arrested with huge quantity of contraband.
3. On the basis of the aforesaid secret information a raiding party was constituted and the petitioner, as well as, his brother Nazim were apprehended. On bodily search of the apprehended persons, nothing was recovered from Nazim. However, 600 gms. of heroin was recovered from the bagpack of the petitioner herein. Accordingly, both the petitioner, as well as, co-accused Nazim were arrested.
4. The learned counsel for the petitioner sub
Minor discrepancies in sample weight do not warrant bail if no tampering is proven; absence of independent witnesses is a relevant factor but not solely determinative.
The absence of independent witnesses and lack of videography during recovery can create doubt on the prosecution's case, justifying bail despite statutory restrictions.
Prolonged incarceration and lack of independent evidence can justify bail under the NDPS Act, overriding statutory restrictions.
The lack of timely trials and nondisclosure in police procedures can necessitate bail under the NDPS Act, highlighting the constitutional right to a speedy trial.
Procedural lapses in NDPS Act do not invalidate trials unless they cause serious prejudice; the right to a speedy trial under Article 21 is paramount.
The court established that non-compliance with mandatory provisions of the NDPS Act can render evidence inadmissible, and that prolonged detention without trial can justify the grant of bail despite ....
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