It is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹1 lakh with two surety bonds of the like amount each, subject to the satisfaction of the learned Trial Court/CMM/Duty Magistratewas upheld by the High Court Of Delhi through the learned bench led by HON’BLE MS. JUSTICE MUKTA GUPTA in the case of NAMAN SHARMA Vs STATE THROUGH NARCOTICS CONTROL BUREAU (BAIL APPLN. 3673/2021) on March 04, 2022.
Brief facts of the case are that the petitioner seeks regular bail in case No. VIII/46/DZU/2021 under Sections 8(c)/20/22/29 of the NDPS Act on a complaint filed by the respondent-NCB.
Learned counsel for the petitioner contended that as per the statement recorded under Section 67 of the NDPS Act which is inadmissible in evidence, the best case of the respondent is that the petitioner used to consume Ganja in the year 2017 and the payments thereof were made in the year 2021. Even as per the investigation, the group was created by Mohd. Aslam and Parichay Arora and merely because the petitioner was also made an Admin of the group, the liability of the entire group cannot be fastened on the petitioner.
Learned counsel for the respondent stated that in view of the embargo under Section 37 of the NDPS Act, no case for grant of bail to the petitioner is made out as there is every possibility that on being released on bail, the petitioner will again indulge in same kind of activities
The Court observed “it is evident that the petitioner was at best consuming narcotics drugs which he used to buy from the sellers in the group. Complaint has already been filed by the respondent; the petitioner is in judicial custody since 4th September 2021 and is no more required for investigation. Consequently, this Court deems it fit to grant bail to the petitioner.”
The Court held that it is directed that the petitioner be released on bail on his furnishing a personal bond in the sum of ₹1 lakh with two surety bonds of the like amount each, subject to the satisfaction of the learned Trial Court/CMM/Duty Magistrate, out of which, one surety would be a family member of the petitioner; further subject to the conditions that the petitioner will not leave the country without the prior permission of the Court concerned. The petitioner will appear before the NCB office at Kolkata on the first Monday of every calendar month at 6.00 P.M.
Written by- Riya Singh, Legal Intern, Prime Legal