Allowed

Rafiq v. State Govt. of NCT of Delhi

Delhi HC4 Jul 2024BAIL APPLN./1449/2024

Case brief

AI extract

What is this about?

This single-judge bench of the Delhi High Court granted regular bail to the petitioner in a narcotics case under the NDPS Act. The court observed there was no recovery from the petitioner, who was arrested based on a disclosure statement, and noted the main accused and witnesses were already on bail, making continued custody unnecessary.

What did the court decide?

Petitioner released on bail on personal bond of Rs. 25,000/- with one surety of like amount subject to conditions.

Rafiq Vs State Govt. of NCT of Delhi — Narcotics (NDPS) | Delhi HC (2024)

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$~7

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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- BAIL APPLN. 1449/2024

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RAFIQ .....Petitioner

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Through: Ms Nitu Prakash, Advocate.

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versus

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STATE GOVT. OF NCT OF DELHI .....Respondent Through: Mr. Aman Usman, APP for the State with SI Ram Chander, PS Tilak Nagar

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CORAM: HON'BLE MR. JUSTICE ANISH DAYAL

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O R D E R % 04.07.2024

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This petition is filed seeking regular bail in FIR No.95/2021 PS Tilak Nagar under sections 20/25/29 of Narcotics Drugs and Psychotropic Substances Act, 1985(“ the Act ”); the date of arrest is 24^th February 2024. Charge-sheet and supplementary charge-sheet have been filed. As per the Nominal Roll on record, over all jail conduct of petitioner is satisfactory, 2. The case of prosecution is that recovery was effected from one Gulshan of 15.2 gm of ganja on 8^th February 2021 and on 9^th February 2021, Gulshan, in his disclosure statement, disclosed that he had procured the said material from one Tahir. Subsequently, Tahir was arrested and as per his disclosure statement, his brother Rafiq, petitioner herein, had arranged for the contraband.

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Petitioner was initially declared an absconder on 15^th February 2024 and later he moved an application under Section 438 of Code of Criminal

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This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 02/07/2025 at 01:03:47

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Procedure, 1973 (“ Cr.P.C. ”), seeking anticipatory bail which was dismissed on 24^th February 2024, and was thereafter sent to Judicial Custody (“ JC ”) on the same date.

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It is an admitted position that there is no recovery from Rafiq and he has been arrested only on the basis of disclosure statement of Tahir. The judgment of the Supreme Court in Tofan Singh v. State of T.N. , (2021) 4 SCC 1, is instructive in this regard.

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15.2gm of ganja recovered from petitioner falls within the threshold of ‘ intermediate quantity’ under the Act.

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Further, both Tahir and Gulshan have already been enlarged on bail vide order dated 4^th January 2023.

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Accordingly, no purpose would be served by keeping petitioner in custody, both on ground of parity, as also in light of the fact there is no seizure from him.

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In light of the above, and that the trial in the matter is likely to take some time, and it would not be prudent to keep the petitioner behind bars for an indefinite period, this Court finds it to be a fit case for grant of bail to the petitioner. Consequently, the petitioner is directed to be released on bail on furnishing a personal bond in the sum of Rs. 25,000/- with one surety of the like amount subject to the satisfaction of the Trial Court, further subject to the following conditions:

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i. Petitioner will not leave the country without prior permission of the Court.

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ii. Petitioner shall provide permanent address to the Trial Court. The petitioner shall intimate the Court by way of an

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affidavit and to the IO regarding any change in residential address.

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iii. Petitioner shall appear before the Court as and when the matter is taken up for hearing.

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iv. Petitioner shall join investigation as and when called by the IO concerned.

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v. Petitioner shall provide all mobile numbers to the IO concerned which shall be kept in working condition at all times and shall not switch off or change the mobile number without prior intimation to the IO concerned.

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vi. Petitioner shall not indulge in any criminal activity and shall not communicate with or come in contact with any of the prosecution witnesses, the complainant/victim or any member of the complainant/victim’s family or tamper with the evidence of the case.

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Needless to state, but any observation touching the merits of the case is purely for the purposes of deciding the question of grant of bail and shall not be construed as an expression on merits of the matter.

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Copy of the order be sent to the Jail Superintendent for information and necessary compliance.

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Accordingly, the petition is disposed of. Pending applications (if any) are disposed of as infructuous.

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Order be uploaded on the website of this Court.

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ANISH DAYAL, J

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JULY 4, 2024sm/ kp

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Rafiq v. State Govt. of NCT of Delhi

Case brief

What is this about?

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Rafiq v. State Govt. of NCT of Delhi

Case brief

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