The Delhi High Court has dismissed the bail plea of accused, arrested in connection with an FIR registered under Sections 21/25/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The case stems from the interception of an e-rickshaw near SRHC Hospital, Narela, in February 2024, leading to the recovery of 300 grams of heroin from two co-accused. The accused was not named in the FIR but was later implicated through the disclosure statement of a co-accused and call detail records (CDRs) indicating frequent communication.
The prosecution alleged that 30 grams of heroin were recovered from her residence, in addition to her involvement in a wider conspiracy to facilitate trafficking. Opposing bail, the State highlighted her past involvement in NDPS and IPC cases and noted that her family members too had prior criminal records linked to narcotics.
Justice Ajay Digpaul, while rejecting accused’s arguments of defective compliance under Sections 42 and 50 NDPS Act and her plea of medical ailments, held that the recovery was from her premises, not her person, thereby making Section 50 inapplicable. The Court relied on precedents including State of Punjab v. Baldev Singh, (1999) 6 SCC 172, Vijaysinh Chandubha Jadeja v. State of Gujarat (2011) 1 SCC 609, and State of Kerala v. Prabhu 2024 SCC OnLine SC 237 to underline that procedural safeguards apply to personal search, not premises search.
Noting her prior criminal history and alleged role in an organized drug cartel, the Court concluded that granting bail would pose a serious threat to society. Accordingly, the application was dismissed.
Case Law Relied On
1. State of Punjab v. Baldev Singh (1999) 6 SCC 172
2. Vijaysinh Chandubha Jadeja v. State of Gujarat, (2011) 1 SCC 609.
3. State of Rajasthan v. Parmanand, (2014) 5 SCC 345 : AIR 2014 SC 1384
4. State of Himachal Pradesh v. Pawan Kumar, (2005) 4 SCC 350 : AIR 2005 SC 2265
5. State of Kerala v. Prabhu, 2024 SCC OnLine SC 237
Appearances:
Petitioner : Mr. Arvind Vats and Ms. Yashika, Advs.
Respondent: Ms. Meenakshi Dahiya, APP
