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IN THE HIGH COURT OF DELHI AT NEW DELHI
VIKAS MAHAJAN
Kashif – Appellant
Versus
Narcotic Control Bureau – Respondent
JUDGMENT :
VIKAS MAHAJAN, J.
1. The present petition has been filed seeking regular bail in connection with FIR No. NCB Crime No. VIII/19/DZU/2022 registered at Police Station Narcotics Control Bureau [in short “NCB] under Sections 8 /22 (c)/23(c)/29 of NDPS Act, 1985.
2. As per the prosecution version, an information was received by Junior Intelligence Officer [in short “JIO”] of NCB/respondent, Sunil Kumar, whereby it was stated that the parcel bearing AWB No. 7702909491 is lying at DHL Express Pvt. Ltd. Rama Road, Kirti Nagar, New Delhi and was suspected to contain psychotropic substance and in relation thereto the said officer informed the Superintendent, Sh. Amit Kumar Tiwary who directed another officer Anoop Kumar (HO) to take necessary action.
3. In pursuance of the above said directions, a team was constituted and on the same day at around 3pm the team departed from NCB office and reached DHL office at around 3:40 pm. Thereafter, at DHL Express office the team disclosed the information to the Supervisor, Mr. Ankur Singh who joined the team as independent witness.
4. The said parcel was opened in which 11 lace rolls and 3 pieces of clothes were found. After checking, one lace r
The court held that confession statements under the NDPS Act require corroborative evidence, and prolonged pre-trial detention with no contraband recovery justifies granting bail.
Point of Law : Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and tha....
Before the Court grants bail to an accused allegedly involved in an offence under the NDPS Act, the Court required to be satisfied that the accused is not guilty of the offence and that he will not i....
Admissibility of evidence, commercial quantity of contraband, and likelihood of the applicant to commit similar offences while on bail.
A confessional statement made before an officer designated under Section 42 or Section 53 of the NDPS Act cannot be the sole basis for conviction without safeguards. Even in cases involving commercia....
The main legal point established in the judgment is the strict application of Section 37 of the NDPS Act in restricting bail for offences involving commercial quantity of narcotics. The court emphasi....
The court upheld the presumption of conscious possession under the NDPS Act, emphasizing the burden on the accused to prove otherwise, and denied bail due to the commercial quantity of narcotics invo....
The court considered arguable points, substantial custody, and the likelihood of a prolonged trial due to the COVID-19 pandemic in granting regular bail.
Bail – While duration of detention is a relevant factor, it cannot override bar of Section 37 NDPS Act – Court must balance personal liberty against need to prevent further risk to public safety and ....
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