Participation in an Organized Narcotic Network Justifies Stricter Bail Conditions: Delhi High Court Rejects Bail in NDPS Case

"Mere Absence of Recovery Is Not Enough Where a Deeper Nexus with a Narcotic Syndicate Exists":  - Delhi High Court refused to grant regular bail to Praveen in a major narcotics trafficking case, reinforcing that participation in an organized narcotic network demands heightened scrutiny under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

Justice Shalinder Kaur, delivering the order in BAIL APPLN. 4256/2024, firmly held that while mere recovery may sometimes be absent, the totality of evidence — including call records, intercepted communications, and seizures at the instance of the accused — can still prima facie establish deep involvement in an organized criminal activity.

The Court sharply reminded: "Mere assertions or absence of recovery from the accused may not suffice when the material on record prima facie discloses a nexus with a narcotic network."

The case against Praveen stemmed from a major operation initiated by Delhi’s Special Cell based on secret information about narcotic activities. On November 15, 2022, Umesh Singh was apprehended with 3 kilograms of heroin near Chandgiram Akhada, Delhi. Investigations subsequently led the police to his supplier Shailender, Praveen’s brother, and eventually to Praveen himself.

Pursuant to a raid on his shop at Om Vihar, Delhi, authorities recovered one kilogram of heroin hidden inside a water tank at Praveen's instance. Further investigations led to the arrest of other syndicate members including a Nigerian national, Chimunya Levi Chukwunde, from whose residence 500 grams of heroin was seized, and Mohan Babu Gupta, from whose vehicle 360 grams of heroin was recovered.

Voice sample analysis confirmed that Praveen was in frequent telephonic contact with key figures of the narcotics operation, including Chimuanya and Mohan Babu, with conversations directly concerning narcotic transactions.

Praveen’s counsel argued that no contraband was personally recovered from his possession and sought parity with co-accused Jaipal, who had earlier been granted bail.

However, the Court meticulously examined the evidence and found that the recovery of substantial quantities of heroin from Praveen’s premises, the corroborated call records, and voice samples showing communication with syndicate members, pointed towards a significant operational role.

Justice Shalinder Kaur observed: "When an accused is alleged to be involved in a narcotic network, the bar under Section 37 of the NDPS Act assumes heightened significance."

It was emphasized that the Court must apply the twin conditions laid down under Section 37: first, there must be reasonable grounds to believe the accused is not guilty, and second, that he is unlikely to commit an offence while on bail. The Court noted that Praveen failed to satisfy either condition.

The Court underlined: "The involvement in an organized network indicates a deeper and more structured participation in the commission of the offence, thereby raising serious concerns about the potential for reoffending, tampering with evidence, or influencing witnesses if released on bail."

Additionally, Praveen’s criminal antecedents, with involvement in a separate 2019 case under Sections 419, 420, 120B, and 511 of the IPC, weighed against him.

Concluding that Praveen was "one of the links in the narcotic syndicate, involved in procurement and distribution of narcotics," the Delhi High Court refused to grant bail, observing that organized drug networks pose a significant threat to society and must be confronted with stringent legal measures.

The Court succinctly concluded:

"The gravity of the offence, coupled with the organized nature of the criminal activity, justifies a more cautious approach in the grant of bail under the NDPS Act."

Accordingly, the bail application was dismissed.

Date of Decision: April 21, 2025