In BAIL APPLN. 2994/2023-DEL HC- Delhi HC rejects bail application of NDPS accused involved in supply of commercial quantity of morphine
Justice Swarana Kanta Sharma [22-12-2023]

Read Order: SALMAN v. STATE GOVT OF NCT OF DELHI

Tulip Kanth

New Delhi, December 28, 2023: In a case where recovery of 340 grams of morphine was made, the Delhi High Court has rejected the bail plea of a man booked under the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985.

The Single-Judge Bench of Justice Swarana Kanta Sharma was considering an  application filed under Section 439 read with Section 482 of Code of Criminal Procedure, 1973 ('Cr.P.C.') on behalf of the applicant seeking regular bail in a case registered for offences punishable under Sections 21/29/61/85 of NDPS Act.

In a nutshell, the case of prosecution was that the co-accused Arif and two other co-accused including the present applicant were apprehended on 26.03.2022 at the instance of a secret informer near N.S. Marg/Ansari Road, Mahavir Vatika. Upon search of Arif, after compliance of statutory provisions, a plastic box was recovered from his bag, containing 340 grams of morphine, which was commercial quantity. On the basis of Call Detail Records and disclosure of accused persons, two more accused persons were arrested later on.

Thus, the allegations against the present accused Salman were that he had come to meet co-accused Arif, for the purpose of obtaining the narcotic drug i.e. morphine from him and to further sell it on commission basis. The applicant was alleged to be a part of larger conspiracy, and he was arrested at the spot by the raiding team, alongwith two other co-accused.

The recovery made in the present case was of 340 grams of morphine, which is commercial quantity, the Bench noted. The FSL report filed by way of supplementary chargesheet dated 31.08.2023 confirmed the recovered substance to be morphine.

Further, as it appeared prima facie from the material placed on record, the applicant was served a notice under Section 50 of NDPS Act and the raid had been conducted and arrests had been made after following the procedure prescribed under law.

As commercial quantity of contraband was involved in this case, the Bench opined that section 37 will be attracted. Reference was also made to Narcotics Control Bureau v. Mohit Aggarwal wherein it has been opined that the expression "reasonable grounds" used in clause (b) of Sub-Section (1) of Section 37 would mean credible, plausible and grounds for the Court to believe that the accused person is not guilty of the alleged offence. For arriving at any such conclusion, such facts and circumstances must exist in a case that can persuade the Court to believe that the accused person would not have committed such an offence.

“The FSL report has already been filed before the learned Trial Court by way of supplementary chargesheet, and the charges are yet to be framed in the present case, and material witnesses are yet to be examined. Considering the overall facts and circumstances of the case, this Court is not inclined to grant regular bail to the applicant at this stage”, the Bench held.

Thus, the bail petition was dismissed.