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IN THE HIGH COURT OF DELHI AT NEW DELHI
RAVINDER DUDEJA
Ankit Goyal – Appellant
Versus
Narcotics Control Bureau – Respondent
JUDGMENT :
RAVINDER DUDEJA, J.
1. The present first petition under Section 438 of the Code of Criminal Procedure, 1973 is filed on behalf of the petitioner for grant of anticipatory bail in Crime No. VIII/21/DZU/2023 under Sections 8C, 22C, 23C, and 29 of the NDPS Act, registered at Police Station NCB, R.K. Puram, New Delhi.
2. Facts as per the status report submitted by the NCB are that, on 08.05.2023, the NCB seized 14,700 Alprazolam tablets and 10,030 Tramadol tablets from a courier parcel in Mahipalpur, Delhi. Investigation revealed the parcel was booked under the name Niraj Kumar Pathak and traced to SSB Enterprise in Gwalior. Statements of various persons were recorded, including booking clerk of SS enterprise Mr. Pushpendra, bus driver named Mahesh, Rashid @ Munna Kulli and Pankaj Sahu, which revealed the role of the present applicant Ankit Goyal. On 14.05.2023, Pankaj Sahu in his statement under section 67 NDPS Act disclosed that at the instructions of applicant, he used to receive the parcel from Jhansi bus stand and hand over the same to the applicant, and the applicant coordinated the consignments, shared Aadhaar details, and made payments for booking parcels. The applicant
Anticipatory bail under the NDPS Act requires strict compliance with statutory conditions, and non-cooperation with investigation justifies denial due to risks of evidence tampering.
Successive anticipatory bail applications require a change in circumstances; otherwise, they may be dismissed due to the serious nature of the offence and need for custodial interrogation.
Anticipatory bail under the NDPS Act requires strict scrutiny; substantial evidence indicating involvement in drug trafficking compels rejection of bail despite claims of minor involvement.
Anticipatory bail under NDPS Act requires satisfaction of twin conditions; involvement must be established prima facie for bail to be denied.
The court emphasized that anticipatory bail under Section 438 of Cr.P.C. is to be granted sparingly, especially in cases involving serious allegations under the NDPS Act.
Liability of a person who abets or is a party to conspiracy to commit an offence under the NDPS Act, and the strong suspicion arising about the likely involvement of the present applicant in the larg....
The non-obstante clause in Section 37 of the NDPS Act and the requirement for custodial interrogation to determine the accused's role in cases involving contraband.
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