The Delhi High Court bench comprising of Justices Subramonium Prasad & Harish Vaidyanathan Shankar has dismissed a plea for default bail filed by Afghan national, who was arrested in September 2022 in connection with a massive narco-terror conspiracy spanning India, Afghanistan, Pakistan, and Turkey. The case, investigators say, reveals links between transnational drug cartels, Khalistani separatists based abroad, and Pakistan’s intelligence agency ISI.
The accused was apprehended along with a co-accused near Kalindi Kunj, Delhi, in possession of over 2.4 kilograms of heroin. Subsequent recoveries led to the seizure of hundreds of kilograms of narcotics, including heroin and methamphetamine, from vehicles, residences, and storage facilities across Delhi, Greater Noida, Lucknow, and Maharashtra. The police alleged that the accused, who came to India on a medical visa in 2016, later became a courier for a Pakistan-based Afghan handler, supplying narcotics for commission.
In February 2023, the investigating agency filed a chargesheet under the NDPS Act, but without attaching the Central Forensic Science Laboratory (CFSL) report. The accused’s counsel argued that this omission rendered the chargesheet incomplete, thereby entitling him to default bail under Section 167(2) CrPC read with Section 36A NDPS Act. It was further argued that no application for extension of investigation beyond 180 days or one year was filed by the prosecution as mandated by law.
The Court, however, rejected these arguments, holding that a chargesheet is considered complete under Section 173(2) CrPC if it contains essential particulars such as details of the accused, nature of the offence, evidence gathered, and list of witnesses. The absence of the CFSL report, the Court noted, did not invalidate the chargesheet. Supplementary reports, including forensic findings, can be filed later under Section 173(8) CrPC, and such omission does not give rise to a right to default bail.
Citing Supreme Court precedents, including Suresh Kumar Jain v. State of Maharashtra, (2013) 3 SCC 77 and CBI v. Kapil Wadhwan,(2024) 3 SCC 734 , the Bench clarified that the right to default bail crystallizes only when no chargesheet is filed within the statutory time limit. Since the chargesheet against the accused was filed within 180 days, his plea was dismissed.
The Court also underlined that the present case does not involve re-investigating, but rather a further investigation into certain aspects of what prima facie appears to be a large scale narco-terror conspiracy involving transnational actors and possible enemy-state sponsored involvement, and observed that the material on record was sufficient for the trial court to take cognizance of the offence.
Appearances:
Petitioner: Mr. Pratyush Prasanna, Ms. Malvika Kulkarni, Ms. Saumya Yadav, Advocates
Respondent: Mr. Amit Ahlawat, APP for the State
Mr. Sridhar Potaraju, Senior Advocate (Amicus Curiae) with Mr. Lalit Mohan, Ms. Niharika Singh, Advocates
