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IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan
Obinna Augustin Ndububa – Appellant
Versus
State (Govt. of NCT of Delhi) – Respondent
JUDGMENT :
VIKAS MAHAJAN, J.
1. The present petition has been filed under Section 439 CrPC (now Section 483 BNSS) seeking regular bail in connection with FIR No. 243/2022 under Sections 21/25 of NDPS Act registered at Police Station Mehrauli.
2. The case of the prosecution is that on 06.04.2022, a secret information was received by SI Rajeev Kumar at Narcotics Squad, South District, New Delhi that a Nigerian national who resides somewhere in the area of Chattarpur or Maidangarhi and is into supply of drugs in Delhi/NCR is coming near Buddha Temple Ahinsa Sthal behind Samshan Ghat Street, Mehrauli, Delhi to supply narcotic substance/smack/heroine to someone.
3. Accordingly, a raiding team was constituted which went to the informed place. At about 01:25 p.m. a scooty (registration no. DL 7S AL 4056) which was being ridden by Nigerian person wearing black jeans, Green and Black Army T-shirt and sky-blue jacket came towards M.B. Road and was waiting for someone. At the instance of secret informer, he was detained and on searching his body, Heroin weighing 272 gms was recovered from his denim jacket worn by him. Accordingly, he was arrested.
4. Mr. Nitin Saluja, the learned counsel for the p
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.
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 lack of timely trials and nondisclosure in police procedures can necessitate bail under the NDPS Act, highlighting the constitutional right to a speedy trial.
The main legal point established in the judgment is the consideration of the period of custody, arguable points in the bail application, and previous judgments where bail was granted in cases involvi....
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 inadmissibility of the disclosure statement and the requirement for corroboration of incriminating material influenced the court's decision to grant bail to the petitioner.
The court ruled that the applicant's prior offenses and lack of permanent ties in the country pose a high flight risk, thus failing to meet the bail conditions under the NDPS Act.
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