In criminal bail application under NDPS Act, Delhi High Court dismissed petition for regular bail in commercial quantity cocaine case totaling 986 grams. Bench held no ground for bail due to commercial quantity despite witness examination delays.
Bail application dismissed; trial court directed to examine witnesses steadily and expeditiously.
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.
$~7
versus
CUSTOMS
.....Respondent Through: Mr. Shubham Tyagi, SSC, CBIC. (through VC)
CORAM:
HON'BLE MR. JUSTICE MANOJ KUMAR OHRI O R D E R
% 02.12.2024
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 01:41:43
Online Del 2881 . Lastly, it is contended that due to delay in trial, the applicant’s right underArticle 21 of the Constitution of India are violated.
| Panch nama |
Date | Time | No. Of capsul es recove red |
Weight of substance recov including the weight transparent pouch (in grams) |
ered of |
|---|---|---|---|---|---|
| 1 | 20.02.2022 | 10.20 | 19 | 297 | |
| 2 | 20.02.2022 | 21.20 | 14 | 182 | |
| 3 | 21.02.2022 | 07.10 | 17 | 219 | |
| 4 | 21.02.2022 | 10.05 | 15 | 194 | |
| 5 | 21.02.2022 | 20.10 | 2 | 27 | |
| 6 | 22.02.2022 | 02.10 | 1 | 15 | |
| 7 | 22.02.2022 | 06.20 | 5 | 66 | |
| Total | 73 | 1000 (minus weight transparent pouch |
of | ||
| Net weight=986 grams |
Learned counsel further submits that another coordinate bench of this Court in Quentin Decon vs. Customs, decided on 31.05.2023 in Bail Appln. 71/2023 has taken a view that violation of Section 52A is to be tested in
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 01:41:43
trial. SLP filed against the said decision has also been statedly dismissed. Further, the decision in Quentin(Supra) was followed in Francis Marion Gegg v Customs, decided on 01.10.2024 in BAIL APPLN. 931/2024.
MANOJ KUMAR OHRI, J
DECEMBER 02, 2024/ ssc
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 01:41:43
3 issues framed by the court
Whether bail should be granted in a commercial quantity narcotics case involving 986 grams of cocaine despite claims of investigation delay and violation of Section 52 of the NDPS Act.
Whether the delay in trial and examination of witnesses violate Article 21 of the Constitution of India.
Whether the rigours of Section 37 of the NDPS Act are applicable given the commercial quantity of seizure.
Colour shows how this judgement treated each authority
Kashif v. NCBReferred¶14
Kashif v. NCB, 2023 SCC
Quentin Decon vs. CustomsExplained¶20
Quentin Decon vs. Customs, Bail Appln. 71/2023
Francis Marion Gegg v CustomsFollowed¶22
Francis Marion Gegg v Customs, BAIL APPLN. 931/2024
4 provisions across 2 enactments
Kitoko Ngienbo Alain
Customs
Manoj Kumar Ohri
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
