NDPS | Anticipatory Bail Cannot Be Granted When Accused Have Absconded and Failed to Cooperate in Investigation: Delhi High Court

Delhi High Court in Waseem Seikh & Rihana v. State of NCT Delhi (Bail Appln. Nos. 2372 & 2878 of 2024) dismissed anticipatory bail pleas filed by a husband and wife accused of drug trafficking under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The Court cited the applicants' absconding behavior and their failure to cooperate with the investigation as key reasons for rejecting the petitions.

The case arose when Hafiza, a co-accused, was apprehended on April 3, 2024, carrying 73.80 grams of smack. During her interrogation, she implicated the applicants, Waseem and Rihana, stating that they were involved in supplying the contraband. Police raided their residence, but the couple had absconded. Despite receiving interim protection and being directed to cooperate with the investigation, the applicants repeatedly failed to fully join or cooperate with the police.

The primary issue was whether anticipatory bail could be granted when the accused had not cooperated with the investigation and had been evading arrest. The applicants argued that no direct recovery of contraband had been made from them and that they were being falsely implicated due to a personal vendetta involving a known gangster.

The prosecution, however, contended that the applicants had absconded, ignored Section 67 notices, and were in contact with the co-accused, Hafiza, based on Call Detail Records (CDR). The State also pointed out the applicants’ involvement in a prior double murder case under investigation, highlighting their criminal history.

Justice Anish Dayal ruled that the applicants had failed to make out a case for anticipatory bail, emphasizing the seriousness of the NDPS charges. The Court noted:

"The applicants have absconded, failed to provide active contact information, and were not found at their known addresses. Their failure to cooperate with the investigation disqualifies them from anticipatory bail."

The Court further observed that the intermediate quantity of smack recovered meant that the rigors of Section 37 NDPS Act did not apply, but that alone did not justify granting anticipatory bail.

The Delhi High Court denied anticipatory bail to Waseem and Rihana, stating that their absconding behavior and failure to cooperate with the investigation warranted dismissal of their bail applications.

Date of Decision: October 4, 2024

Waseem Seikh & Rihana v. State of NCT Delhi