Procedural Lapses and Delay in Trial Lead to Release of Accused Carrying 12 kg Ganja Each: High Court of Delhi Grants Bail in NDPS Case

In a significant ruling, the Delhi High Court has granted bail to Vishwajeet Singh and Dev Kumar @ Golu, accused of carrying 12 kg of Ganja each, under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The decision was delivered by Hon’ble Mr. Justice Navin Chawla, who observed key procedural lapses in the handling of the seized narcotics and emphasized the right to a speedy trial.

The court delved into the legal intricacies involving Sections 20/61/85 of the NDPS Act, particularly focusing on procedural requirements under Section 42 (search and seizure), Section 52A (disposal of seized narcotics), and the principle of clubbing the quantity of contraband in NDPS cases.

The accused were apprehended on December 2, 2020, with 12 kg of Ganja each. The prosecution alleged a conspiracy, clubbing the recovered quantities to classify as commercial quantity. The defense challenged the admissibility of Call Detail Records (CDRs), the validity of the search and seizure, and compliance with NDPS Act procedures.

Procedural Irregularities: The court noted procedural lapses in the search and seizure process and the handling of the seized narcotics, especially concerning compliance with Section 52A of the NDPS Act regarding the disposal of seized narcotics.

Principle of Clubbing Quantity: The court discussed the applicability of Section 29 (conspiracy) and Section 37 (commercial quantity) of the NDPS Act, referencing several precedents. It was observed that the invocation of Section 29 cannot be faulted at this stage.

Right to Speedy Trial: Emphasizing Article 21 of the Constitution, the court noted the prolonged incarceration of over three years and the lack of conclusive evidence against the accused at this stage as grounds for granting bail.

The court granted bail to Vishwajeet Singh and Dev Kumar @ Golu, directing them to furnish a personal bond and comply with specific conditions, including not leaving the country without permission and not indulging in any criminal activity.

Date of Decision : February 28, 2024.

Vishwajeet Singh vs. State (NCT of Delhi )