No Direct Recovery, Procedural Lapses in Sampling and Delay in Procedure Cast Doubt on Prosecution’s Case: Delhi High Court Grants Bail in NDPS Case

07 May 2024 8:19 AM

By: Admin

The Delhi High Court, presided over by Hon’ble Mr. Justice Navin Chawla, granted bail to the applicant in a Narcotic Drugs and Psychotropic Substances Act (NDPS) case, highlighting procedural irregularities and the absence of direct evidence against the accused.

The legal crux of the judgment revolves around the application of Section 439 of the Code of Criminal Procedure in conjunction with Section 37 of the NDPS Act. The Court’s decision hinged on procedural lapses in the sampling process, as mandated by Section 52A of the NDPS Act, and the questionable admissibility of disclosure statements made by co-accused under Section 27 of the Indian Evidence Act.

The applicant, implicated in a drug trafficking case, had been in custody since August 23, 2019. The allegations involved the recovery of narcotic capsules from a co-accused at Indira Gandhi International Airport and subsequent disclosures implicating the applicant. The defense challenged the sampling process and raised doubts about the direct involvement of the applicant in the narcotics offense.

The Court meticulously analyzed the procedural aspects, emphasizing, “The recovery was allegedly made on 22.08.2019; application under Section 52A of the NDPS Act was filed only on 13.02.2022 before the learned Magistrate; and samples were drawn only on 25.02.2023, that is, after a period of almost 1⅟2 and 2⅟2 years of the recovery.” The Court observed that such a substantial delay in the sampling process could prejudice the accused’s case.

Further, the Court noted the absence of direct recovery from the applicant and the dubious reliability of disclosure statements made by co-accused, especially given their prior knowledge by the prosecution.

Granting bail, the Court directed the release of the applicant on a personal bond of Rs. 50,000 with stringent conditions, including restrictions on travel and regular court appearances.

Date of Decision: February 20, 2024.

HIKMATULLAH HIKMATI VERSUS NARCOTICS CONTROL BUREAU