In a couple of applications filed before the Delhi High Court under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS), seeking regular bail regarding a First Information Report (FIR) registered under Sections 20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), a Single Judge Bench of Justice Prateek Jalan granted bail to the applicants.
On 09-12-2024, the applicants were apprehended while carrying a black bag containing 21.95 kgs of ganja. They were arrested on the same day, and upon examination of their mobile phones, it was found that one of the applicants had received photos of the narcotic substance from another person. The call details also showed connectivity between both applicants.
The applicants submitted that the contraband substance recovered included dried leaves and small branches, which were not covered in the statutory definition of ganja. The respondents contended that the recovered substances were ganja, as verified by the Forensic Science Laboratory (FSL) report.
The Court took note of the seizure report dated 09-12-2024, which recorded that the bag contained dried leaves and branches that, by smell and sight, appeared to be ganja. It was noted that the Magistrate’s order recorded that a muddy brown substance was produced before the court, from which samples had been extracted. The FSL report was also perused by the Court.
Applying this Court’s decision in Ravina Kumar v State (NCT of Delhi) [BAIL APPLN. 1256/2024], wherein the definition of ganja had been analysed, to the facts of the present matter, the Court found it evident that the materials seized did not only comprise flowering or fruiting tops since the seizure memo itself mentioned dried leaves and small branches. It was noted that the weight of the contraband was only marginally in excess of the threshold for commercial quantity.
It was noted that the applicants had been in custody for approximately 1 year, and that although the charges had been framed, the prosecution evidence had not yet commenced. Noting that the applicants had no prior involvement, the Court released them on bail, subject to furnishing a personal bond of Rs. 35,000/- each, with one surety of like amount.
The bail was made subject to certain conditions, such as the applicants’ appearance before the Special Court on every date of hearing, surrender of passports to the trial court, no change of address without informing the IO/SHO, ensuring that the mobile numbers provided remain operational at all times, no contact with the witnesses, and no tampering of evidence.
Thus, the applications were disposed of.
Appearances:
For Applicants – Mohd. Yasin, Mr. Dawneesh Shaktnats, Ms. Sumaiya Khan, Mr. Sami Ahmed, Mr. Shan Ul Islam
For Respondents – Mr. Yudhvir Singh Chauhan (APP)
