Delhi High Court: Mere Assertions Or Absence of Recovery Insufficient in NDPS Bail Cases When Nexus to Narcotic Network Prima Facie Exists
|The Delhi High Court dismissed a Bail Application filed under Section 438 of the BNSS by an Applicant seeking regular bail.
The Delhi High Court held that the mere assertions or absence of recovery from the accused is not sufficient in Bail cases under the NDPS Act when the material on record prima facie discloses their nexus with a narcotic network.
The Court dismissed a Bail Application filed under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), by an Applicant seeking regular bail in a case involving offences under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), and Section 14 of the Foreigners Act, 1946.
A Single Bench of Justice Shalinder Kaur held, “In view of the above facts and circumstances, the petitioner prima facie seems to be involved in organized narcotic network and had been frequently in touch with the main supplier of the contraband and with the receiver of the contraband. At his instance, two other coaccused persons were arrested from whose possession commercial quantity of heroin i.e. 500 gm and 360 gm respectively was recovered, coupled with the fact that the petitioner is not having clean antecedents and is involved in another criminal case. The petitioner is one of the links in the narcotic syndicate, involved in procurement and distribution of Narcotics.”
Advocate Mohit Rana appeared for the Petitioner, while APP Meenakshi Dahiya represented the Respondent.
Brief Facts
The Prosecution alleged that the Special Cell received information regarding the involvement of a person in trafficking narcotic drugs. Following this information, he was apprehended with 3 Kgs of heroin.
Subsequent investigations led to the arrest of the person, from whose residence cash and property documents, suspected to be proceeds from the sale of heroin, were recovered. The Petitioner was also present at the residence and was brought in for questioning, where he allegedly admitted to his involvement in the narcotic trade.
Investigations revealed that the heroin was procured from Nigerian nationals and supplied to various individuals. A search of the Petitioner's shop resulted in the recovery of 1 kilogram of heroin. Further investigation led to the arrest of other individuals, including a Nigerian national and a receiver of the contraband, and the recovery of additional quantities of heroin.
Court’s Reasoning
The High Court explained that “When an accused is alleged to be involved in a narcotic network, the bar under Section 37 of the NDPS Act assumes heightened significance. The involvement in an organized network indicates a deeper and more structured participation in the commission of the offence, thereby raising serious concerns about the potential for reoffending, tampering with evidence, or influencing witnesses if released on bail.”
“In such cases, the Court is required to apply the twin conditions under Section 37 of the NDPS Act: first, that there must be reasonable grounds for believing that the accused is not guilty of the offence, and second, that he is not likely to commit any offence while on bail. Mere assertions or absence of recovery from the accused may not suffice when the material on record prima facie discloses a nexus with a narcotic network. The gravity of the offence, coupled with the organized nature of the criminal activity, justifies a more cautious approach in the grant of bail under the NDPS Act,” the Bench held.
The Court noted, “Undoubtedly, the petitioner was arrested at the disclosure statement of the co-accused namely Shailender, brother of the petitioner, however, after his arrest, the said co-accused had got recovered 1 kg of heroin from an empty water tank at the shop of the petitioner. Moreso, on the basis of the disclosure statement of the petitioner and his brother, the alleged main source of supply of heroin, co-accused Chimuanya Levi Chukwunade, a Nigerian national was arrested and during the search of his house, 500 gm of heroin was recovered.”
Consequently, the Delhi High Court ordered, “Therefore, at this stage, it is not a fit case where the petitioner can be granted bail…The bail application is, accordingly, dismissed.”
Accordingly, the High Court dismissed the Bail Application.
Cause Title: Praveen v. State Govt Of NCT Of Delhi (Neutral Citation: 2025:DHC:2759)
Appearance:
Petitioner: Advocates Mohit Rana and Gulam Ali
Respondent: APP Meenakshi Dahiya