Limitation Act | Litigant Cannot Be Punished For Court's Own Docket Load: J&K High Court Illicit Affair Alone Cannot Make a Man Guilty of Abetting Suicide: Supreme Court Quashes Charge Under Section 306 IPC Landlord Cannot Be Punished for Slowness of Courts: Supreme Court on Bonafide Need in Eviction Suits Expect States To Enact Laws Regulating Unlicensed Money Lenders Charging Exorbitant Interest Contrary To 'Damdupat': Supreme Court Accused Who Skips Lok Adalat After Seeking It, Then Cries 'Prejudice', Cannot Claim Apprehension of Denial of Justice: Madras High Court Refuse To Transfer Case IO Cannot Act Without Prior Sanction: Gujarat High Court Grants Bail, Flags Procedural Lapse in Religious Conversion Case Electricity Board Strictly Liable For Unprotected Transformer, 7-Year-Old Cannot Be Guilty Of Contributory Negligence: Allahabad High Court POCSO Conviction Can't Stand For Offence Not Charged: Delhi High Court Member of Unlawful Assembly Cannot Escape Conviction By Claiming He Only Carried a Lathi and Struck No One: Allahabad High Court Jurisdiction Cannot Be Founded On Casual Or Incidental Facts If Not Have A Direct Nexus With The Lis: : Delhi High Court Clause Stating Disputes "Can" Be Settled By Arbitration Is Not A Binding Arbitration Agreement: Supreme Court State Cannot Plead Helplessness Against Sand Mafia; Supreme Court Warns Of Paramilitary Deployment, Complete Mining Ban In MP & Rajasthan Authority Cannot Withdraw Subsidy Citing Non-Compliance When It Ignored Repeated Requests For Inspection: Supreme Court Out-of-State SC/ST/OBC Candidates Cannot Claim Rajasthan's Reservation Benefits in NEET PG Counselling: Rajasthan High Court Supreme Court Upholds Haryana's Regularisation Of Qualified Ad Hoc Staff As 'One-Time Measure', Strikes Down Futuristic Cut-Offs

High Court Grants Bail in NDPS Case: “No Direct Evidence Linking the Applicant to Seized Contraband.”

07 May 2024 8:19 AM

By: Admin


In a significant development, the High Court of Delhi has granted bail to Lhingneihat Lhouvum, the petitioner in Bail Application 1278/2023, in a case related to the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The decision was delivered by Hon’ble Mr. Justice Amit Sharma on 25th July, 2023.

The case involved Sessions Case No. 09/2021 titled “NCB v. Martin Chikamma Nwokorie & Anr.,” pending before the Special Judge (NDPS), Patiala House, New Delhi. The petitioner, represented by Advocate Mr. Sumit Sharma, sought regular bail under Section 439 of the Code of Criminal Procedure, 1973 (CrPC) read with Section 37 of the NDPS Act.

Justice Amit Sharma remarked, “The only incriminating material against the applicant is her statement under Section 67 of the NDPS Act which is inadmissible – Mobile phone messages inconclusive – No direct evidence linking the applicant to the seized contraband.” The Court emphasized that there was no record of the petitioner having received any similar consignment in the past.

Furthermore, the Court acknowledged the petitioner’s time in custody, satisfactory jail conduct, and the absence of any other cases against her, stating that the twin conditions of Section 37 of the NDPS Act were satisfied.

Delhi  Court granted bail to the petitioner upon her furnishing a personal bond of Rs. 50,000/- with two sureties of the same amount to the satisfaction of the Trial Court/Link Court. The bail is subject to various conditions, including the requirement to keep mobile numbers operational, intimate the court of any change in residential address, and not leaving India without prior permission.

Date of Decision: 25th July, 2023

LHINGNEIHAT LHOUVUM  vs  IO, NARCOTICS CONTROL BUREAU & ANR

Latest Legal News