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

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 25^th 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