No Ground for Bail in Commercial Quantity Drug Cases: Delhi High Court Dismisses Bail Application in NDPS Act Case

Delhi High Court, in a significant ruling, has dismissed the bail application of one Guddu Khan, who was apprehended with a commercial quantity of heroin. Hon'ble Mr. Justice Rajnish Bhatnagar, while delivering the judgment on December 22, 2023, emphasized the seriousness of the offence involving narcotics, especially when the quantity is commercial as per the NDPS Act.

Guddu Khan, accused under Section 21 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), was denied regular bail in connection with FIR No. 121/2020. The Court noted that the petitioner was caught red-handed with 300 grams of heroin, a quantity classified as 'commercial' under the law. Justice Bhatnagar, in his decision, stated, "considering the period of incarceration as the petitioner has undergone nearly three years two months which is not even near to half of the minimum sentence of ten years, no ground for bail is made out."

The Court's decision hinges significantly on Section 37 of the NDPS Act, which imposes strict conditions for the grant of bail in cases involving commercial quantities of drugs. The judgment read, "The scheme of Section 37 NDPS Act reveals that the exercise of power to grant bail is not only subject to the limitations contained under Section 439 of the Cr.P.C., but is also subject to the limitation placed by Section 37 which commences with non-obstante clause."

In his observations, Justice Bhatnagar remarked, "The expression 'reasonable grounds' means something more than prima facie grounds." He further added that the circumstances of the case and the nature of the offence did not provide reasonable grounds to believe that the accused was not guilty of the alleged offence.

The Court also dismissed the argument regarding the non-consideration of CCTV footage and CDR (Call Detail Records) of the petitioner, citing that the immediate apprehension of the accused with the contraband was a significant factor in the decision.

Date of Decision: 22.12.2023

GUDDU KHAN VS STATE NCT OF DELHI