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2025 Supreme(Del) 210
IN THE HIGH COURT OF DELHI AT NEW DELHI
Shalinder Kaur, J.
Monu @ Sandeep - Petitioner
Versus
State (NCT of Delhi) - Respondent
BAIL APPLN. 672 of 2024
Decided On : 02-04-2025
For the Petitioner: Mr. Kundan Kumar, Adv.
For the Respondent: Mr. Raghuinder Verma, APP with SI Vishan, Kumar, ANTF, Crime Branch.
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.
Headnote:
(A) Code of Criminal Procedure, 1973 - Section 439 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 25, and 29 - Application for Regular Bail - Petitioner accused of supplying Heroin, arrested after a raid - Prosecution's case based on secret information and subsequent recovery of contraband - Petitioner contends procedural violations in search and arrest - Court finds no violation of Section 42 and Section 41(2) of NDPS Act, upholding the legality of the search and arrest procedures. (Paras 1-25)
(B) Bail - Conditions for grant - Under Section 37 of NDPS Act, stringent conditions apply for bail in cases involving commercial quantities - Past criminal conduct of petitioner considered, indicating a tendency to commit offences - Court denies bail, emphasizing the need to balance individual rights against societal interests. (Paras 22-24)
Facts of the case:
The petitioner was arrested on 17.02.2022 for possession of 500 grams of Heroin, following a raid based on secret information. The petitioner argued that the search was illegal due to procedural lapses.
Findings of Court:
The court found that the search and arrest were conducted in accordance with the law, and the petitioner’s extensive criminal history justified the denial of bail.
Issues: The main issues were whether the search and arrest were conducted legally and whether the petitioner was entitled to bail given his criminal history.
Ratio Decidendi: The court ruled that the procedures under the NDPS Act were followed correctly, and the petitioner’s past conduct warranted the denial of bail.
Result: Bail application dismissed.
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 Section 41(2) of the NDPS Act, authorizing SI Vishan to conduct a search of the petitioner’s premises. A raiding team was constituted, but upon reaching the location, they found the house locked, rendering the execution of the search warrant unfeasible. Consequently, the team returned without conducting the search.
4. Subsequently, on 16.02.2022, a fresh secret tip-off was received by the Constable Ravi Kumar indicated that the petitioner was present at his residence and was actively supplying Heroin. This information was again conveyed to the SI Vishan, who after personally enquiring from the secret informant, notified the Insp. Rakesh Duhan, who, on being satisfied with the information received personally from the secret informant, subsequently informed ACP Mayank Bansal. Following the requisite procedures under the NDPS Act, ACP Mayank Bansal, thereafter, issued a fresh authorization under Section 41(2) of the NDPS Act, while SI Vishan recorded the fresh intelligence under Section 42 of the NDPS Act vide DD No. 24A dated 16.02.2022. A raiding party, led by SI Vishan and comprising Insp. Rakesh Duhan and others, was assembled. Acting upon the informant’s guidance, the team raided the petitioner’s house and apprehended him.
5. The petitioner was informed of the secret information received against him and duly apprised of his legal rights under Section 50 of the NDPS Act. Thereafter, the petitioner declined the option to be searched before a Magistrate or a Gazetted Officer and further, upon being offered, refused to search the raiding party and their vehicles. The petitioner claimed himself to be an illiterate but confirmed his ability to understand and speak Hindi. His bodily search, conducted by the SI Vishan, yielded no contraband, leading to the preparation of a ‘nil‟ recovery memo.
6. Subsequently, after being questioned, the petitioner led the police team to the first floor of his house, where he retrieved a bag from an iron Almirah, which contained three polythene packets of Heroin; two packets of 200 grams each and one packet of 100 grams, totalling 500 grams. Additionally, an electronic weighing machine was recovered from the same bag. The contraband and weighing machine were duly seized through a seizure memo. The search concluded at 12:40 a.m. on 17.02.2022, following which the seized items were deposited in the Malkhana of the P.S. Crime Branch in compliance with Section 55 of the NDPS Act. Consequently, the subject FIR was registered under Sections 21 and 25 of the NDPS Act, and further investigation was entrusted to SI Naveen Kumar. Thereafter, the petitioner was formally arrested on 17.02.2022.
7. Whereafter, the petitioner made a disclosure statement before the Police which led to the arrest of the other co-accused person which led to further
