Back
IN THE HIGH COURT OF DELHI AT NEW DELHI
Vikas Mahajan
Mohan Gupta – 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 read with Section 36A(3) of the NDPS Act, 1985 seeking regular bail in connection with FIR No.0357/2019 under Sections 21(c)/29 NDPS Act registered with P.S. Crime Branch.
2. The case of the prosecution is that on 25.12.2019, a secret information was received by ASI Ashok Kumar at Narcotics Cell, Crime Branch mentioning therein that a person namely Gopal r/o Nangloi, Prem Nagar, Delhi is indulging in the supply of Heroin in Delhi and he would be coming to supply Heroin to unknown person near Railway Phatak Kirari, Nangloi, Delhi between 2:00 PM to 4:00 PM. A raiding team led by ASI Ashok Kumar was constituted and trap was laid at the place of information. At the instance of secret informer, two persons, namely, Kailash @ Gopal and Mohan Gupta (present petitioner) were apprehended. They were found in possession of a scooty bearing registration no.DL-11SX-7693, which co- accused Kailash @ Gopal was driving. Upon search of scooty, 510 grams of heroin was recovered.
3. Mr. Aditya Aggarwal, the learned counsel appearing on behalf of the petitioner submits that the petitioner is in custody for
Prolonged incarceration and lack of independent evidence can justify bail under the NDPS Act, overriding statutory restrictions.
The absence of independent witnesses and lack of videography during recovery can create doubt on the prosecution's case, justifying bail despite 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.
Prolonged incarceration and delay in trial can justify bail even in cases involving commercial quantities under the NDPS Act; the bar under Section 37 may be overridden based on clean antecedents and....
The court can consider the grant of bail in NDPS cases despite possession of commercial quantity of contraband, based on substantial custody period and delay in 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....
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
