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IN THE HIGH COURT OF DELHI AT NEW DELHI
SEEMA – Appellant
Versus
STATE NCT OF DELHI – Respondent
JUDGMENT :
JASMEET SINGH, J.
1. This is a petition filed under section 483 of BNSS seeking grant of regular bail to the petitioner in FIR No. 500/2022, dated 06.07.2022, registered at PS Narela Industrial Area under Section 21 of the NDPS Act. The chargesheet has been filed under sections 21/25/29 of the NDPS Act.
2. As per the prosecution the facts are that on 06.07.2022 at around 1 P.M., a secret information was received to the ASI that a lady namely, Shanno r/o E-1852, J.J. Colony, Bawana, Delhi is allegedly involved in the distribution of heroin, both in bulk as well as retail quantities. Further, Shanno would come in between 03-03:30 P.M. to deliver a consignment of heroin to her customers.
3. After verifying the secret information, the ASI produced the secret informer before the concerned police officials and the secret information was given to them. Thereafter, on instructions of the ACP a raiding team was constituted, who took their position around 2:30 P.M. near the house of Shanno. Some public persons were also asked to join the raiding team, however they refused citing genuine reasons.
4. At the instance of the secret informer, at around 03 P.M., Shanno was seen coming from h
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.
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.
The absence of independent witnesses and lack of videography during recovery can create doubt on the prosecution's case, justifying bail despite statutory restrictions.
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.
Minor discrepancies in sample weight do not warrant bail if no tampering is proven; absence of independent witnesses is a relevant factor but not solely determinative.
The stringent bail conditions under the NDPS Act and the need for substantial probable causes to grant bail.
Bail under NDPS Act requires meeting stringent conditions; prior criminal history and commercial quantity of drugs warrant denial of bail.
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....
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