Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Del) 961

IN THE HIGH COURT OF DELHI AT NEW DELHI
NAVIN CHAWLA, J.
Rohit - Petitioner
Versus
State Of N.C.T. of Delhi - Respondent
Crl.M.C. 371 of 2022 & Crl.M.A. 1678 of 2022
Decided on : 31-05-2024

Advocates Appeared:
For the Petitioner: Mr.Sumit Sharma, Adv.
For the Respondent: Ms.Priyanka Dalal, APP with SI Dinesh Joshi.

Prolonged incarceration without trial infringes upon fundamental rights, warranting bail despite the serious nature of charges under the NDPS Act.

Headnote:(A) Code of Criminal Procedure, 1973 - Section 482 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 21, 25, 29 and 37 - Petition for bail dismissed by Trial Court citing prosecution evidence; petitioner claims wrongful implication based on co-accused statement which was undated and lacked corroboration - Delay in trial noted, significant incarceration period for the petitioner - Court finds the prolonged incarceration infringes upon fundamental rights, meeting the criteria for bail under Section 37 - Condition imposed that petitioner will not flee or interfere with prosecution. (Paras 1, 11-12, 30-31, 57-58)

Facts of the case:
This petition filed under Section 482 Cr.P.C. seeks to overturn the dismissal of bail application by the Trial Court for a case involving large quantities of contraband. The petitioner has been held in custody since 04.10.2021 with substantial time elapsed without charges being framed.

Findings of Court:
The lengthy incarceration meets the criteria for release on bail while setting clear conditions to minimize risks of flight or interference.

Issues: The main issues addressed include further evidence linking the petitioner to the offenses alleged, compliance with statutory timelines, and the implications of prolonged custody on fundamental rights.

Ratio Decidendi: The court emphasized the severe impact of prolonged detention without trial on Article 21 rights, highlighting the necessity of balancing individual liberties against public safety concerns, ultimately ruling in favor of bail release conditions.

Result: Petition granted; Petitioner to be released on bail under stipulated conditions.

Table of Content
1. factual background of the case. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10)
2. arguments presented by the petitioner. (Para 11 , 12 , 13 , 14 , 15 , 16 , 17 , 18 , 19 , 20 , 21 , 22 , 23 , 24 , 25 , 26 , 27 , 28 , 29)
3. court's analysis and application of law. (Para 30 , 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41 , 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52 , 53 , 54 , 55 , 56)
4. conclusion and order for bail. (Para 57 , 58 , 59 , 60 , 61 , 62)

JUDGMENT :

NAVIN CHAWLA, J.

1. This petition has been filed under Section 482 of the Code of Criminal Procedure, 1973 (in short, ‘Cr.P.C.’) seeking setting aside of the Order dated 07.01.2022 (hereinafter referred to as the ‘Impugned Order’) of the learned Special Judge (NDPS), New Delhi District, Patiala House Courts, New Delhi (hereinafter referred to as the ‘Trial Court’), passed in the FIR No.117/2021 registered at Police Station: Special Cell, Delhi under Sections 21 /25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘NDPS Act’), dismissing the application filed by the petitioner under Section 439 of the Cr.P.C.; the petitioner further seeks grant of regular Bail in the said FIR.

Case of the Prosecution:

2. It is the case of the prosecution that on 02.05.2021, specific information was received that one Altaf @ Mehrajuddin Darji was going to deliver a consignment of contraband, at around 08:00-08:15 P.M., somewhere in the area of Zakir Nagar, Delhi. It is alleged that acting upon the said information, a raiding party was formed, and a trap was laid. It is alleged that in the said raid, Altaf @ Mehrajuddin Darji, was arrested and 4.500 Kilograms of contraband was recovered from his possession.

3. It is stated that during the investigation, based on the disclosure statement of the said accused Altaf @ Mehrajuddin Darji, another raid was conducted by the investigating agency, and on 03.05.2021, co- accused, namely, Abid Hussain Sultan, was apprehended and 12 Kilograms of contraband was recovered from his flat situated at Vinoba Puri, Delhi.

4. It is stated that, subsequently, based on the disclosure statement of Abid Hussain Sultan, the co-accused, namely, Hashmat Mohammadi, was arrested on 04.05.2021, and on checking the glovebox/dickey of his two-wheeler, 5.04 Kilograms of contraband was recovered from him as well.

5. It is further alleged that during the course of the interrogation, Hashmat revealed that one of the sources of the contraband was Kasim, that is, his brother, and Haji. It is alleged that both Kasim and Haji are based in Afghanistan. It is further stated that Hashmat also disclosed that a contraband factory was running in Zakir Nagar, Delhi. It is alleged that based on the said information, a raid was conducted at a house situated in Batla House, Okhla, Delhi, and a clandestine facility, being run under a residential cover, was unearthed, and a total of 29.50 Kilograms of contraband along with other articles used for reconstitution of contraband, such as big aluminum containers, buckets, gunny bags soaked in chemical, distillers, etc., were recovered. It is alleged that the said premises belonged to co-accused Tifal Naukhej @ Tifley, who was arrested on 06.05.2021 while already being in Rohini Jail in FIR No.117/2019 registered at Police Station: Special Cell under Sections 21 and 29 of the NDPS Act.

6. It is further alleged that during the course of further investigation, on the basis of secret information, another person namely, Abdullah Najibullah @ Nabi was apprehended on 09.05.2021, and 3.20 Kilograms of contraband was recovered from him as well.

7. It is alleged that on 14.05.2021, based on the disclosures of one of the accused, namely, Abdullah Najibullah @ Nabi, the involvement of four other persons namely, Rohit, that is the petitioner herein, Ashish @ Ashu, Rudra and Ajay was revealed. It is alleged that Abdullah Najibullah @ Nabi further disclosed that the main person of the Haryana syndicate in relatio