The High Court dismissed a bail application under Section 483 BNSS in an NDPS case involving commercial quantity. The court held that alleged irregularities in sampling and seizure are matters of trial evidence, not grounds for bail, and that the strict conditions of Section 37 NDPS Act were not met.
null
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
$~11
versus STATE NCT OF DELHI .....Respondent Through: Ms. Priyanka Dalal, APP for the State with SI Prem Narayan, HC Lokender Kumar, ANC, Dwarka
CORAM: HON'BLE MR. JUSTICE DINESH KUMAR SHARMA
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 01:41:00
submits that this shows that the proceedings were conducted falsely. Learned counsel submits that there is also difference in Chassis number and Engine number as given in the seizure memo and the Registration Certificate placed on record. It has also been submitted that as seizure memo, the colour of the scooty was black whereas and as per the Registration Certificate, the colour of the scooty was grey. Learned counsel submits that even the scooty allegedly on which the petitioner was travelling has not been shown in the site plan. Learned counsel submits that as per the case of the prosecution, Ms. Anju Bhalla was the registered owner of the scooty. It has also been submitted that Ms. Anju Bhalla in her statement under Section 161 Cr.P.C. stated that the scooty was stolen. It has further been submitted that however, no such report was lodged.
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 01:41:00
2020 (1) Crimes 141 (SC).
“ 37. Offences to be cognizable and non-bailable.—
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 01:41:00
(1)Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)—
(a)every offence punishable under this Act shall be cognizable;
(b)no person accused of an offence punishable for offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond unless—
(i)the Public Prosecutor has been given an opportunity to oppose the application for such release, and
(ii)where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
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 01:41:00
NDPS Act was defective and benefit should be given to him. However, now it is settled law that deficiency if any in sampling of the contraband recovered is a matter of evidence which is to be led during trial and not to be considered during bail. In Shailender v . State of NCT of Delhi, BA No. 3508/2021, a Coordinate Bench of this Court inter alia held that the circumstances under which the sampling procedure could not be followed as per the mandate, needs to be duly considered after the evidence has been led on record and the FSL expert is examined. In my considered opinion, there does not exist reasonable grounds at this stage to give a finding that the entire proceedings stand vitiated because of the alleged sampling procedure adopted by the investigating agency. The procedural deficiency in sampling, as contended by learned counsel for the petitioner, can be considered only after the evidence is led on record.
DINESH KUMAR SHARMA, J
SEPTEMBER 26, 2024 JN/KR..
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 01:41:00
2 issues framed by the court
Whether procedural deficiencies in sampling and discrepancies in recovery evidence vitiate the case at the bail stage?
Whether the twin conditions under Section 37 of the NDPS Act are satisfied for granting bail in cases involving commercial quantity?
Colour shows how this judgement treated each authority
Aabid Khan vs. State Govt. of NCT of DelhiReferred¶13
Aabid Khan vs. State Govt. of NCT of Delhi , 2023: DHC:8675
Directorate of Revenue Intelligence vs. Kulbir Singh & Anr.Referred¶13
Directorate of Revenue Intelligence vs. Kulbir Singh & Anr. , 2019 (2) LRC 557 (Del)
Mohd. Masoom & Anr. vs. State of NCT of DelhiReferred¶13
Mohd. Masoom & Anr. vs. State of NCT of Delhi , 2015 (7) LRC 87 (Del)
Sujit Tiwari vs. State of Gujarat and AnotherReferred¶13
Sujit Tiwari vs. State of Gujarat and Another, 2020 (1) Crimes 141 (SC)
Shailender v. State of NCT of DelhiRelied on¶30
Shailender v. State of NCT of Delhi, BA No. 3508/2021
5 provisions across 2 enactments
Odinaka Emelirov
State NCT of Delhi
Dinesh Kumar Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
