Bail Granted In NDPS Case: Fabricated Evidence And Irregularities: Delhi HC

In a significant legal development, a recent judgement has underscored the paramount importance of personal liberty in the criminal justice system. The decision, delivered by Justice Tushar Rao Gedela, has granted bail to an applicant facing charges under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, despite allegations of fabricated evidence and irregularities in the case.

The judgement, dated August 17, 2023, revolves around a bail application made under the NDPS Act. The applicant was charged with contraband possession and trafficking, primarily based on a disclosure statement of a co-accused. The court meticulously analyzed the facts of the case, including discrepancies in Panchnamas and the alleged ill conduct of officers involved in the case.

Justice Gedela observed, “The case, according to the prosecution, is hinged on the disclosure statement of one co-accused, while no contraband or any other psychotropic substance was recovered from the possession of the applicant.” The court delved into the legal aspects of admissibility of confessions made to NDPS officers, referring to recent precedents that emphasize the inadmissibility of such confessions.

Crucially, the judgement drew attention to the recent trend in legal interpretations that prioritize personal liberty and Article 21 of the Constitution of India. It cited various judgments to underscore that prolonged incarceration without a speedy trial can infringe upon an individual’s fundamental rights. The court held that the applicant, who had been in custody for nearly four years, is entitled to be released on regular bail.

The court framed stringent bail conditions, including surrendering the passport, cooperating in the trial, refraining from criminal activities, providing mobile numbers to investigating officers, and regularly informing authorities about movements outside Delhi-NCR. The court issued a stern warning that any breach of these conditions could lead to the revocation of bail.

Notably, the judgement refrained from expressing any opinion on the merits of the pending matter, focusing solely on the aspect of granting bail based on personal liberty considerations. The decision reflects a growing trend in the judicial system to ensure that the principle of “innocent until proven guilty” is upheld, while also addressing the issue of prolonged pretrial incarceration.

Date of Decision: August 17, 2023

BHASKAR KHATNANI   vs  NARCOTICS CONTROL BUREAU