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HIGH COURT OF DELHI
Manmeet Pritam Singh Arora, J
MRS. ANSARI ASMABANU IMDADALI – Appellant
Versus
STATE OF NCT OF DELHI – Respondent
BAIL APPLN.-236/2025
(A) Bhartiya Nagarik Suraksha Sanhita, 2023 - Section 483 - Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 29 - Application for regular bail - Applicant arrested for alleged involvement in drug trafficking, with no contraband recovered from her - Court finds that rigors of Section 37 of NDPS Act do not apply as the quantity is intermediate - Applicant has no criminal antecedents and has been in custody for over three months - Bail granted with conditions. (Paras 9, 10, 12, 13)
(B) Bail - Triple test for bail - The court must consider the nature of the accusation, the severity of the punishment, and the likelihood of the accused fleeing - In this case, the applicant satisfies the triple test for bail. (Paras 12, 13)
Facts of the case:
The applicant was arrested based on the disclosure of a co-accused who was apprehended with contraband. The applicant is accused of facilitating drug transactions but no direct recovery from her was made. (Paras 4.1, 4.4)
Findings of Court:
The court found that the applicant's link to the alleged drug transactions was not sufficiently established at this stage, and thus, she was eligible for bail. (Paras 10, 12)
Issues: The main issues were whether the applicant's involvement in drug trafficking was sufficiently proven and whether the rigors of the NDPS Act applied. (Paras 9, 10)
Ratio Decidendi: The court ruled that the absence of contraband recovery from the applicant and the nature of the evidence presented did not justify denial of bail, emphasizing the need for a thorough examination at trial. (Paras 10, 11)
Result: The application for bail is granted.
| Table of Content |
|---|
| 1. arrest and charges (Para 2 , 3) |
| 2. details of the arrest (Para 4) |
| 3. defense arguments (Para 5) |
| 4. state's arguments (Para 6) |
| 5. consideration of submissions (Para 7) |
| 6. court's reasoning (Para 8 , 9 , 10 , 11 , 12) |
| 7. bail granted (Para 13 , 14 , 15 , 16 , 17 , 18) |
JUDGMENT :
MANMEET PRITAM SINGH ARORA, J.
1. The present matter has been listed for hearing today on account of 05.02.2025 being declared as a holiday of the Court, pursuant to Office Order dated 31.01.2025 bearing No. 04/IG-4/Gen.-I/DHC.
2. The present application has been filed under Section 483 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking grant of regular bail in FIR 200/2024 dated 07.10.2024 registered under Sections 20 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) at Police Station (PS) Crime Branch, Delhi.
3. The Applicant herein was arrested on 09.10.2024 and has since been in judicial custody. In the captioned FIR the Applicant had moved two (2) bail applications before the Trial Court and the same were dismissed vide orders dated 21.11.2024 and 04.01.2025.
Brief Facts
4. As per the case of the prosecution a secret information was received on 07.10.2024 at 2 PM by ASI Sanjeev Kumar that one Fuzail who works in a café in Kasol, Himachal Pradesh, deals in supply of Charas in Surat and Maharashtra. It is stated that as per the said secret information Fuzail had reached Delhi with Charas and was to travel to Surat for supply of Charas:
4.1. It is stated that compliance of Section 42 of the NDPS Act was done and on 07.10.2024 at 4:20 PM Fuzail was apprehended at Platform No.7, Hazrat Nizamuddin Railway Station, Delhi. It is stated that Section 50 NDPS Act compliance was done and 807.5 grams were recovered from Fuzail from three (3) pockets of a brown bag, which he was carrying. It is stated that thereafter, the captioned FIR was registered.
4.2. It is stated that Fuzail disclosed that he worked for one lady i.e., Asma Ben Ansari (the Applicant herein) who was a resident of Surat, Gujarat. It is stated that Fuzail further disclosed that the recovered Charas was purchased from one Rajni Thapa of Village Challal, Kullu, Himachal Pradesh.
4.3. It is stated that application under Section 52A of the NDPS Act was filed on 08.10.2024 and the proceedings were conducted on 16.10.2024.
4.4. It is stated that PC remand of Fuzail was secured and on 09.10.2024, Applicant herein i.e., Asma Bano Ansari was arrested from Surat.
4.5. It is stated that the Applicant’s husband i.e., Ansari Imdadali Abdul Rafik was evading arrest and Section 82 Cr.P.C. proceedings were initiated and thereafter, he was arrested on 11.01.2025 by local police of PS Salabatpur (Surat). It is stated that the Applicant’s husband was produced on the production warrant before the concerned Court at Delhi and was formally arrested on 24.01.2025.
4.6. It is stated that from the CDRs it was found that both the accused persons i.e., Fuzail and Asma Bano Ansari were actively in touch with each other for last couple of months and on the day of recovery of Charas seven (7) calls were made by accused Fuzail to the accused Asma Bano Ansari; and 15 calls were made by accused Asma Bano Ansari to accused Fuzail.
4.7. It is stated that Applicant/Asma Bano Ansari disclosed that she had sent a sum of Rs. 73,000/- for purchase of Charas to accused Fuzail’s through UPI, [Unified Payment Interface] of acquaintance/neighbor Hussain Sheikh and also booked railway ticket for travel of accused Fuzail from Nizamuddin, Delhi to Surat on 07.10.2024.
4.8. It is stated that Section 67 notice under the NDPS Act was issued to Husnain Sheikh and Mohd. Ayaz since they had transferred Rs. 73,000/- to accused Fuzail and booked his train ticket to Surat. In their statements Husnain Sheikh and Mohd. Ayaz disclosed that they had sent a sum of Rs. 73,000/- to the account of accused Fuzail at the instance of the Applicant/ Asma Bano Ansari and charged her 1% commission. They further stated that the
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