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IN THE HIGH COURT OF DELHI AT NEW DELHI
JASMEET SINGH
Sanjay – Appellant
Versus
State NCT Of Delhi – Respondent
JUDGMENT :
JASMEET SINGH, J.
1. This is a petition filed under section 439 of Code of Criminal Procedure (“CrPC”) seeking regular bail in FIR bearing No. 788/22 dated 06.11.2022 under section 21 of Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”) PS Okhla Industrial Area, South-East, New Delhi.
FACTUAL MATRIX
2. As per the prosecution, a secret information was received on 06.11.2022 at around 08:00 AM that one person i.e. the petitioner herein would come to Okhla Industrial Area at around 12:00 PM to supply smack/heroine, if a raid is conducted then he can be apprehended with the contraband. After the verifying the secret information, SI passed the information to Inspector Rajinder Singh IUC Anti-Narcotic Squad and ACP/Operation Sh Satpal Panwar over telephone. On the directions of the ACP, the SI recorded the said information in DD No. 3 at 9:20 AM. A raiding team was constituted, and it took position near Okhla Phase-2 at around 10:45 AM. The SI introduced the raiding team to 4-5 passers-by requesting them to join as independent witnesses, but all of them denied citing justified compulsion.
3. It is further stated that at around 11:35 AM, a person wearing grey colored
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.
Recovery of narcotics – Seizures are made in all kinds of circumstances and they cannot be disbelieved merely on the basis that no independent witness was present.
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.
Strict compliance with Section 50 NDPS Act is mandatory, and any violation of its provisions can lead to the vitiating of recovery and may be a ground for bail.
Non-compliance of mandatory provisions like Sections 42 and 50 of the N.D.P.S. Act can be considered as a ground for bail if clear from the F.I.R. and not explained by the prosecution.
The main legal point established in the judgment is the significance of compliance with mandatory provisions of the ND&PS Act, 1985, particularly regarding the presence of independent witnesses durin....
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
The mandatory requirements under Section 50 of the NDPS Act must be strictly followed to ensure an individual's rights during searches; failure to comply renders any recovery and subsequent convictio....
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