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IN THE HIGH COURT OF DELHI AT NEW DELHI
Shalinder Kaur
Monu @ Sandeep – Appellant
Versus
State (NCT of Delhi) – Respondent
JUDGMENT :
1. The present application has been filed under Section 439 of the Code of Criminal Procedure, 1973 ( Cr.P.C .), seeking the grant of Regular Bail in FIR No. 14/2022 (subject FIR) dated 17.02.2022, for the offences punishable under Sections 21, 25, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) registered at the Police Station Crime Branch (North-West), Delhi.
Case of the Prosecution:
2. On 15.02.2022, Constable Ravi Kumar received secret information regarding the petitioner, namely, Monu @ Rickey @ Sandeep, a resident of C-348, Balbir Nagar, Aman Vihar, Delhi, aged approximately 40 years, to be engaged in the supply of Heroin from his residence, where a significant quantity of the same was allegedly stored. Acting upon this intelligence, Constable Ravi Kumar relayed the information to the Sub-Inspector (SI) Vishan, who recorded it under Section 42 of the NDPS Act vide DD No. 0052A dated 15.02.2022. Subsequently, Inspector (Insp.) Rakesh Duhan was informed, who further apprised Mayank Bansal, Assistant Commissioner of Police (ACP)/Narcotics Cell.
3. Upon being satisfied with the information, ACP Mayank Bansal issued a search warrant under Secti
The court upheld the legality of the search and arrest under the NDPS Act, emphasizing the stringent conditions for bail in cases involving commercial quantities of narcotics.
Point of Law- It is pertinent to note that in the bail application the appellants, it was alleged, that there was serious violation of Section 42 of the NDPS Act. In the impugned order nothing is sta....
Compliance with statutory requirements under the NDPS Act should be determined at the trial stage, and the burden of proof lies with the prosecution.
The court affirmed the compliance with Section 50 of the NDPS Act, ruling that procedural irregularities did not justify bail due to serious charges against the petitioner.
Mandatory provisions of the NDPS Act must be strictly followed; non-compliance can lead to quashing of proceedings, and the right to a speedy trial takes precedence over statutory bail restrictions.
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