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2025 Supreme(Online)(Del) 3466
IN THE HIGH COURT OF DELHI AT NEW DELHI
Shalinder Kaur, J
KHUSHI RAM GURUNG – Appellant
Versus
THE STATE GOVT. OF N.C.T. OF DELHI – Respondent
BAIL APPLN. 2799/2024
For the Appellants/Petitioners: Mr Shubhendra Aggarwal, Mr. Bijender Singh, Mr. Raj Kumar Barathwal
For the Respondents: Ms. Meenakshi Dahiya, APP for State
Bail under the NDPS Act requires satisfaction of twin conditions: no reasonable grounds for believing the accused's guilt and no likelihood of re-offending.
Headnote:(A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Sections 20 and 37 - Bail application under the NDPS Act - The petitioner apprehended with 1510 grams of charas, which constitutes commercial quantity under the NDPS Act - Compliance with Section 50 was not fulfilled as the petitioner declined being searched in the presence of a Magistrate or Gazetted Officer. (Paras 20, 21)
(B) Bail Application - Conditions for grant in narcotic cases - The twin conditions under Section 37 must be satisfied; the court must find reasonable grounds for believing the accused is not guilty and is not likely to commit any offense while on bail. (Paras 21, 25)
Facts of the case:
The petitioner was arrested on a prior intelligence report during a raid and was found with charas; attempts to involve public witnesses were unsuccessful. The petitioner’s personal circumstances raised concerns regarding flight risk.
Findings of Court:
The absence of local address and recovery of commercial quantity of narcotics indicated the need for bail rejection.
Issues: The key issues included the petitioner’s denial of search options and the weight of evidence concerning his possession.
Ratio Decidendi: The court reiterated that statutory conditions under Section 37 of the NDPS Act must be met before granting bail especially given the implications of narcotics trafficking and potential flight risk.
Result: Bail application dismissed.
| Table of Content |
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| 1. factual background concerning the arrest and seizure of illegal drugs. (Para 1 , 2) |
HON'BLE MS. JUSTICE SHALINDER KAUR SHALINDER KAUR, J (ORAL)
1. The present petition has been filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita , 2023, seeking the grant of Regular Bail in FIR No. 38/2022 dated 27.03.2022, registered under Section 20 of the Narcotic Drugs and Psychotropic Substances Act , 1985 (hereinafter “NDPS Act”) at Police Station Crime Branch, Delhi.
PROSECUTION’S CASE
2. On the night of 26.03.2022, ASI Sanjay Kumar, posted with the NRI/Crime Branch, received secret information that one Nepali national, namely Khushi Ram (petitioner), who was involved in the sale of charas in Delhi, would arrive at Jharoda Burari Road, on the right side of Sant Nagar Marg Chowk, near the drain at Burari Signature Not Verified Digitally Signed BAIL APPLN. 2799/2024 Page 1 of 8 flyover, Ring Road, Delhi, to deliver a consignment of charas to an unknown person. The information further indicated that if a raid was promptly conducted, the said individual could be apprehended with the contraband in his possession.
3. The secret information was immediately shared with senior officers, and requisite permission under Section 42 of the NDPS Act was obtained. A raiding team was thereafter constituted under the supervision of ASI Sanjay Kumar. The team departed the office of the Crime Branch at 11:29 PM on 26.03.2022 vide DD No. 0067A, and proceeded towards the identified location.
4. Upon reaching the spot at about 11:50 PM, efforts were made to include 3–4 public witnesses in the raid, but none agreed to join due to personal reasons. In view of the urgency of the situation and the risk of the suspect absconding, no formal notice was issued to the public persons.
5. At about 12:30 AM on 27.03.2022, acting on the signal of the informer, the raiding team apprehended the petitioner, aged 24 years, who was carrying a blue and grey bag slung over his shoulder.
6. Compliance with Section 50 of the NDPS Act was ensured. A notice under Section 50 NDPS Act was served upon the accused, and the meaning and import of being searched in the presence of a Magistrate or a Gazetted Officer were explained to him. However, the accused declined the said option. He also refused to search the police party or their vehicle.
Signature Not Verified Digitally Signed BAIL APPLN. 2799/2024 Page 2 of 8
7. A search of the accused’s person and the bag he was carrying was then conducted, which led to the recovery of a blackish-brown substance suspected to be charas. The substance was tested on the spot using the field-testing kit and returned a positive result for cannabis. The substance was weighed using an electronic weighing machine and found to weigh 1510 grams, which falls within the commercial quantity as defined under the NDPS Act.
8. A parcel (pulanda) was prepared from the recovered charas, wrapped in white cloth, and sealed with the seal of “S.K.” A seizure memo was prepared, and the seal after use was handed over to HC Trish Pal. The SHO Crime Branch also affixed his seal marked “VPD” on the pulanda. The sealed parcel and relevant documents were handed over to Ct. Sandeep for deposition in the Malkhana and for registration of the case.
9. The subject FIR was then registered at PS Crime Branch. The investigation was transferred to SI Manish Kumar, who reached the spot at around 2:20 AM on 27.03.2022, met ASI Sanjay Kumar, collected the case documents and custody of the accused, and prepared the site plan on the spot.
10. The accused was thereafter arrested. His personal search was conducted, and his disclosure statement was recorded, wherein he admitted to having supplied charas in Delhi. He disclosed that he had come to Delhi to deliver charas on behalf of one Anjali, a woman based in Nepal, who is also allegedly engaged in the trafficking of Signature Not Verified Digitally Signed BAIL APPLN. 2799/2024 Page 3 of 8 narcotic substances. He furthe
