Delhi High Court released the petitioner on bail in the case under NDPS act and held that trial is likely to take time, thus cannot be kept in prison for long.
Title: ANITA @ KALLO versus THE STATE (NCT OF DELHI)
Date of decision: 18th July, 2023
+ BAIL APPLN. 957/2023
CORAM: HON’BLE MR. JUSTICE AMIT BANSAL
Introduction
Delhi High Court released the petitioner on bail in the case under NDPS act and held that trial is likely to take time, thus cannot be kept in prison for long. It also took note that quantity seized from co-accused cannot be clubbed with the petitioner thus rigours of section 37 of NDPS Act would not apply.
Facts of the case
The petitioner is requesting regular bail in FIR No. 256/2022, filed at Police Station Crime Branch in Delhi, under Sections 21/29/61/85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS).
The petitioner’s attorney claims that the disclosure statement of co-accused Shahban was the reason for the petitioner’s detention at the age of roughly 37. It is also claimed that the petitioner’s person contained just 89 grammes of heroin.
Even though the Forensic Science Laboratory (FSL) Report is still pending, the chargesheet has already been submitted.
Analysis of the court
In the current instance, 89 grammes of heroin were recovered from the petitioner, which is an intermediate rather than a commercial quantity. The recovery from the petitioner cannot be combined with the recovery from the co-accused, according to the ruling in Anita v. State (NCT of Delhi). As a result, in my opinion, the facts and circumstances of the current case do not meet the requirements of Section 37 of the NDPS Act.
The petitioners cannot be detained for an endless amount of time in light of the aforementioned reasons and the likelihood that the trial would drag out. As a result, the court finds it appropriate to give the petitioners bail.
the petition is granted, and the petitioner is instructed to be freed upon submitting a personal bond for Rs. 50,000 along with one surety for the same value, subject to the pleasure of the Trial Court.
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Written By Shreyanshu Gupta