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2025 Supreme(Online)(Del) 6736

IN THE HIGH COURT OF DELHI AT NEW DELHI
Sanjeev Narula, J
GURJIT SINGH – Appellant
Versus
NCB & ANR. – Respondent
BAIL APPLN. 2739/2025



Advocates:
For the Appellants/Petitioners:Mr. N. Hariharan, Senior Advocate with Mr. Siddharth Yadav, Mr. Rahul Sambhar, Ms. Ayush Kr. Singh, Mr. Kashish Ahuja, Ms. Rekha Punya Angara, Ms. Sana Singh, Ms. Vasundhara N., Ms. Vasundhara Raj Tyagi, Ms. Gauri, Mr. Vinayak Gautam, Mr. Aman Akhtar and Mr. Arjan Singh Mandla
For the Respondents: Mr. Arun Khatri, SSC with Ms. Shelly Dixit, Ms. Tracy Sebastian and Mr. Devender Singh

The court upheld the statutory bar under Section 37 of the NDPS Act, affirming that the Applicant's integral role in a significant drug trafficking operation precluded bail.

Headnote:(A) Narcotics Drugs and Psychotropic Substances Act, 1985 - Sections 8, 9A, 22, 23, 25, 25A, 27A, 28, 29, 30 - Bail - Application for bail dismissed based on accusations of serious drug trafficking activities involving international cartel collaboration and substantial recoveries of contraband - The role of the applicant as central in the conspiracy with evidence of direct involvement in the operations - Statutory bar under Section 37 applicable. (Paras 5-6, 23)

(B) Bail - Conditions for grant - The prosecution must establish substantial evidence implicating the accused - Mere presence at the site and circumstantial links insufficient to overturn a strong prima facie case presented by the prosecution. (Paras 10, 16, 18)

Facts of the case:
The Applicant was arrested in connection with an international drug trafficking network after substantial quantities of methamphetamine and precursor chemicals were seized from various locations indicating organized operations involving foreign connections and local operatives.

Findings of Court:
The court found that substantial evidence had been presented against the Applicant as a central figure in the drug trafficking conspiracy, and the stringent conditions under Section 37 had not been met.

Issues: The main issues were the adequacy of evidence against the Applicant, the admissibility of confessional statements, the risk of re-offending while on bail, and the principle of parity with other co-accused.

Ratio Decidendi: The court ruled that the Applicant’s involvement was established by corroborating witness statements and digital forensics demonstrating an organized drug manufacturing operation, leading to the conclusion that the statutory bar on bail under Section 37 was satisfied.

Result: Bail application dismissed.

Table of Content
1. overview of bail application context and background. (Para 2)
2. summary of applicant's defense claims. (Para 3)
3. prosecution's arguments against bail. (Para 4)
4. court assesses evidence against legal standards for granting bail under ndps. (Para 5 , 6 , 7 , 8 , 9 , 10)
5. court confirms statutory thresholds for bail under ndps act are not met. (Para 11 , 12 , 16 , 19 , 22)
6. court concludes with dismissal of the bail application due to serious allegations. (Para 23 , 24)

FACTS

2. The brief facts as emerging from the complaint are as under:

2.1. On 17th January, 2024, acting on specific information, a parcel booked through DHL Express, Rama Road, New Delhi, bearing AWB No. 5115949005 and destined for Adelaide, Australia, was examined. The search led to the recovery of 2.946 kg of a white crystalline substance, subsequently confirmed to be Methamphetamine, which was seized under a Panchnama prepared on the spot. Investigation revealed that the parcel had been booked on 16th January, 2024 through a Jaipur-based DTDC franchise. Follow-up action at Jaipur resulted in the interception of Mukesh Chouhan and Pinku Singh Rajput, who admitted their role in booking the consignment and were arrested on 19th January, 2024.

2.2. On 22nd January, 2024, pursuant to further investigation and the disclosure of the arrested co-accused, Gaurav Singh Chauhan was apprehended in Rohini, Delhi, leading to the recovery of 12.160 kg of Methamphetamine from his residence. He was arrested the following day, i.e., 23rd January, 2024. On further investigation, the Applicant (Gurjit Singh) was intercepted at Ludhiana, Punjab on 29th January, 2024. Acting on his lead, a search at Vishwakarma Mechanical Works, Ludhiana, in the presence of the Applicant and Satnam Singh, yielded 5 kg of Ephedrine. Subsequent search of a godown rented by them (the Applicant and Satnam Singh) at Village Gill, Ludhiana, uncovered a clandestine laboratory being operated with the assistance of three Mexican nationals (Jose Manuel Badillo Lopez, Guillermo Manzo Yanez and Ulises Timoteo Bucio Yanez). The search led to recovery of 9 g of Methamphetamine, 1.082 kg of plastic sheet with traces of Methamphetamine, 4 kg of Ephedrine, other precursor chemicals, and manufacturing equipment. Consequently, the Applicant along with Satnam Singh and the three Mexican nationals were arrested on 30th–31st January, 2024.

2.3. Investigation has revealed that the cartel was an international syndicate coordinated by individuals based overseas, namely Jaswinder Singh @ Vegas, Inderdip Singh @ Ghost, and Ashish Satija @ Antoniyo. They recruited Indian operatives and arranged for the aforementioned Mexican nationals to establish and operate the meth lab at Ludhiana. Hawala channels were used to finance the operations. Statements of various witnesses, including the Hawala agent Harish Chawla, corroborated transfer of funds from abroad to cartel members in India.

2.4. On the basis of the statements of hotel staff where the Mexican nationals were residing, the godown owner (Ranjit Singh), and other witnesses, it was revealed that the Applicant and Satnam Singh set up and the Ludhiana laboratory and maintained regular contact with the foreign handlers. It was also revealed that chemicals required for the manufacture of the contraband were sent to the laboratory by Gaurav Singh, which was further corroborated by the statement of the transporter (Vikramjit Singh). These raw materials were used to produce narcotic substances, which were subsequently exported to Australia. The probe disclosed that multiple consignments had earlier been dispatched by Mukesh Chouhan and Pinku Singh, one of which was intercepted by the Australian Border Force in December 2023.

2.5. During the course of investigation, further arrests were made, including Manpreet Singh Gill, Rahul Kumar Sarngal, and Vikramjit Singh, each found to be part of the supply chain. Statements of accused and witnesses confirmed that around 15 k

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