Substantial Discrepancies in Forensic Analysis: Delhi High Court Grants Bail in NDPS Case

New Delhi: In a significant judgment, the Delhi High Court granted bail to Bali Khan, the petitioner in the BAIL APPLN. 3040/2023 case, underscoring substantial discrepancies in the forensic analysis of the seized contraband. The case, which involved the seizure of cannabis under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), has been a subject of legal scrutiny due to the alleged procedural lapses in the forensic examination.

Justice Amit Sharma, in his decision, noted that “the primary ground on the basis of which bail has been sought in the present case is the discrepancy in the FSL Report with regard to the examination of the seized contraband.” The court highlighted the importance of accurate chemical analysis in NDPS cases, stating, “It is the chemical examination and report thereof, which would ultimately cover the case of the prosecution under the NDPS Act.”

The petitioner, Bali Khan, was implicated in FIR No. 54/2020 under Sections 20/29 of the NDPS Act for allegedly receiving ganja at the New Delhi Railway Station from co-accused Masibur. The defense argued for Bali Khan’s false implication, pointing out that the Fast Blue B Test conducted by the Forensic Sciences Laboratory (FSL) showed a ‘yellowish color,’ which contradicted the standard results indicating the presence of cannabis.

The defense also raised concerns about the non-compliance with Section 50 of the NDPS Act, referencing the judgment in ‘Mohd. Jabir v. State of NCT of Delhi’ for compliance standards.

Considering the prolonged duration of the trial and the applicant’s period in custody since 24^th February 2020, the court found merit in the arguments for bail. Justice Sharma, while granting bail, imposed conditions including a bond of Rs. 50,000/- and restrictions on travel and communication.

Date of Decision: 5 December, 2023

BALI KHAN VS STATE