Isabella Mariam

The High Court of Delhi, Single Bench of Justice Shalinder Kaur has dismissed a petition seeking regular bail under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The application pertained to allegations under Sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and Section 14 of the Foreigners Act, 1946. The court examined the allegations, recorded material, and the applicable statutory framework before concluding that the applicant's involvement in an organized narcotic syndicate disqualified him from bail under the stringent conditions imposed by Section 37 of the NDPS Act.

The matter emanated from information received by SI Vikas of the Special Cell, Delhi, on 15.11.2022 regarding narcotic trafficking activities by one Umesh Singh. The information was formally recorded, and authorization for a raid was obtained from ACP Ved Prakash. A raiding party apprehended Umesh Singh near Chandgiram Akhada, Delhi, leading to the recovery of 3 kilograms of heroin.

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Subsequent investigation revealed, through Umesh Singh's disclosure, the involvement of other individuals, including Shailender (also referred to as Surender) and Vikas @ Vikki. Upon technical surveillance, Shailender was apprehended with cash alleged to be proceeds of narcotics sales. During the search at Shailender's residence, the petitioner was found present. It is recorded that the petitioner admitted his complicity during interrogation and disclosed that heroin was procured from Nigerian nationals and distributed across Delhi/NCR.

Further searches at a shop owned by the petitioner led to the recovery of 1 kilogram of heroin hidden in a water tank. Police custody of the petitioner resulted in the arrest of Chimunya Levi Chukwunde, a Nigerian national, and Mohan Babu Gupta, a receiver of heroin, along with respective recoveries of 500 grams and 360 grams of heroin.

The petitioner’s counsel argued that there was no recovery directly affected from the petitioner and that his alleged involvement was based on intercepted calls predating the initiation of investigation. It was submitted that co-accused Jaipal, under similar circumstances, had been granted bail, warranting parity. The counsel stated that no public witnesses were cited and the trial was likely to be protracted.

Opposing the application, the State’s representative argued that the petitioner was deeply embedded within a narcotic syndicate, referencing consistent call detail records and voice sample matches linking him to co-accused individuals. It was further contended that the recoveries at the instance of the petitioner established sufficient prima facie material against him.

Justice Shalinder Kaur recorded that "the petitioner was arrested at the disclosure statement of the co-accused namely Shailender, brother of the petitioner, however, after his arrest, the said co-accused had got recovered 1 kg of heroin from an empty water tank at the shop of the petitioner." Further, the court observed, "on the basis of the disclosure statement of the petitioner and his brother, the alleged main source of supply of heroin, co-accused Chimuanya Levi Chukwunade, a Nigerian national was arrested and during the search of his house, 500 gm of heroin was recovered."

The court noted that in pursuance of the petitioner’s disclosure, Mohan Babu Gupta was apprehended and 360 grams of heroin was recovered. Referring to the call detail records and voice interception analysis, the court recorded, "the petitioner was found to be in touch with the co-accused Chimuanya Levi Chukwunade, involved in conversation with respect to the alleged contraband."

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Justice Kaur also took into account the petitioner's antecedents, noting, "the petitioner is also involved in another case bearing FIR No. 266/2019 for the offences under Section 419, 420, 120B and 511 of the Indian Penal Code, 1860."

On the critical standard imposed by Section 37 of the NDPS Act, the court stated, "When an accused is alleged to be involved in a narcotic network, the bar under Section 37 of the NDPS Act assumes heightened significance." It was further observed that "Mere assertions or absence of recovery from the accused may not suffice when the material on record prima facie discloses a nexus with a narcotic network. The gravity of the offence, coupled with the organized nature of the criminal activity, justifies a more cautious approach in the grant of bail under the NDPS Act.”

Based on the findings, the court stated, "Therefore, at this stage, it is not a fit case where the petitioner can be granted bail." Consequently, the petition seeking regular bail was dismissed.

Advocates Representing the Parties

For the Petitioner: Mr. Mohit Rana and Mr. Gulam Ali, Advocates.

For the Respondent: Ms. Meenakshi Dahiya, APP

Case Title: Praveen v. State Govt of NCT of Delhi

Neutral Citation: 2025: DHC:2759

Case Number: BAIL APPLN. 4256/2024

Bench: Justice Shalinder Kaur

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