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IN THE HIGH COURT OF DELHI AT NEW DELHI
SAURABH BANERJEE
Mohd. Jabir – Appellant
Versus
State Nct Of Delhi – Respondent
JUDGMENT :
SAURABH BANERJEE, J.
1. By virtue of the present application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, Hereinafter ‘ BNSS read with Section 439 of the Code of Criminal Procedure, 1973, Hereinafter ‘Cr.P.C., the applicant seeks grant of regular bail in proceedings arising from FIR No.637/2020 dated 28.10.2020 registered under Sections 21 /29 of the Narcotic Drugs and Psychotropic Substances Act, 1985, Hereinafter ‘NDPS Act at PS: Bhalswa Dairy, Delhi.
2. As per FIR, on 27.10.2020 at about 07:45 PM, secret information was received at the Narcotic Cell, Outer North District, Delhi that one person namely Wasim was going to supply heroin to one Mohd. Jabir/ applicant herein near Bhalswa Chowk between 09:30 PM to 11:30 PM. The same, at the instance of the ACP, Operations Cell, Outer North District was reduced to writing vide DD No.7 at 08:15 PM. During a raid conducted by the raiding team at Bhalswa Chowk, at around 09:45 PM, both Wasim and the applicant were identified by the secret informant, and Wasim was seen taking out a packet from his black bag and handing over the same to the applicant, at which point of time, both the said persons were apprehen
The strict conditions under the NDPS Act for bail must be met, including evidence of non-guilt and absence of risk of re-offence, which the applicant failed to demonstrate.
The court established that non-disclosure of grounds of arrest does not necessarily warrant bail under the NDPS Act, particularly when the applicant has significant criminal antecedents and the prose....
The court ruled that the applicant's prior offenses and lack of permanent ties in the country pose a high flight risk, thus failing to meet the bail conditions under the NDPS Act.
Courts must explicitly record twin satisfaction under NDPS Act Section 37(1)(b)(ii) for bail in commercial quantity cases; non-recording is jurisdictional defect rendering order unsustainable, even c....
(1) Bail – Recording of satisfaction on twin conditions under Section 37 of NDPS Act is mandatory and not merely directory.(2) Constitutional right under Article 21 and special provision of law under....
The court emphasized that under Section 37 of the NDPS Act, bail can only be granted if there are reasonable grounds for believing the accused is not guilty and unlikely to commit further offences.
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