Senior Advocate Siddharth Aggarwal with Advocate Nipun Katyal Chaitanya appeared in the case of Vipin Mittal v NIA on 30th May 2023 BAIL APPLN. 1168/2023
The Delhi High Court provided bail to the owner of Shree Balaji Trading Business in a case in which 102.136 and 0.648 kgs of cocaine had been seized in an automobile carrying a piece of roots (Muleth) via Afghanistan near the Attari border in the Punjab’s Amritsar last year.
Facts of the case
The FIR was filed against NDPS Act Sections 8(c) which talks about unlawful cultivation, possession, produce, manufacture, transport, sell or purchase of coca plant or any cannabis, 21(c)contravention involves commercial quality with rigorous imprisonment of atleast 10 years, 27(a) harbours any person engaged in any of the aforementioned activities shall be punished with imprisonment, and 29 talks about abetment of the mentioned unlawful activities, and the statement of charges was submitted in the month of December 2022. The National Investigation Agency investigated the case was investigated through the National Investigation Agency, who claimed that the petitioner planned to make significant profits by importing heroin hidden in licorice root mulethi.
The court contended that the complainant had attached many certificates of commendation for his firm, particularly one from the Bar Council of Delhi including many certificates of commendation for his firm, particularly one of the Bar Council of Delhi, the judge noted. “As a result, there is information on record that suggests that the applicant had a clean background and a track record in the business, as well as no apparent relationship with other accused parties involved in its rehabilitation,” the court stated.
The court observed that the receipt of Rs. 11 lakhs in the currency as an advancement for the shipment appears to be in connection with a routine commercial agreement and that there is no unexpected gain in the applicant’s hands.
On a prima facie evaluation, the Court is of its mind that there are reasonable grounds for believing that the petitioner’s feeling guilty may not be proven, and further, there is no evidence on record to show that he was likely to be convicted of any offense while he was on bail, said the court, adding that the proceedings in the case are bound to take some time, and it might not be prudent to keep the applicant behind jail for an indefinite period, especially given his current health.’
Courts Analysis and Decision
Judgement reviewed by- HON’BLE MR. JUSTICE ANISH DAYAL
Justice Dayal further stated that the applicant does not appear to be a flight risk because the petitioner is a permanent citizen of Delhi with dependents and has always assisted with the inquiry and investigation procedure. The high court further said that there were not any independent witnesses other than official witnesses, consequently, the issue of evidence manipulation did not arise.
Sections 17, 18, and 22 A of the UAPA Act were additionally stricken from the charge sheet, therefore the subject of terror activities is no longer raised. The inquiry has shown nothing to demonstrate that there had been any specific conversation about smuggling in any of those emails.”
The court also mentioned that he had blood cancer, which is a significant medical condition. The applicant has been suffering from a life-threatening condition and demands continuous medical care, as evidenced by the medical evaluation retrieved earlier, and is not an aviation risk since he is a Delhi resident with good antecedents,”
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Written By- Anushka Satwani