S.37 NDPS Act | Contraband Recovered From Separate Accused Can’t Be Collectively Attributed To One Person To Deny Bail: Delhi High Court
The Delhi High Court has held that when contraband is recovered from multiple accused persons separately, the same cannot be collectively attributed to one of the accused to deny him bail.
In the case at hand, though an intermediate quantity of heroin (100 gms) was recovered from the applicant seeking bail in a NDPS case, the prosecution attributed to her solely 1097 grams which was recovered collectively from five persons, thus pressing Section 37 NDPS Act which bars bail in cases of commercial quantity.
Disagreeing with such an approach, Justice Neena Bansal Krishna observed,
“It cannot be the case that where Heroin is recovered from the accused persons separately, it can be collectively attributed to the Applicant.”
Applicant-accused was arrested under Section 21/25/29 of NDPS Act. She had undergone judicial custody for a period of about one year and four months and she sought bail on the grounds that no written communication of ground of arrest were given to her by the Investigating Officer.
She also argued that there was no photography or videography conducted at the time of search and seizure.
Prosecution on the other hand alleged that she was a regular supplier of contraband and a key link in an interstate narcotic drug distribution network.
The Court however noted that “Applicant was apprehended and 100 grams Heroin was recovered, which is an intermediate quality.”
It also noted that two co-accused who were found in possession of intermediate quantify had already been admitted to Bail.
As such, stating that there is no further necessity of keeping the Applicant in custody for the purpose of investigation, it granted her bail subject to furnishing personal bond of Rs.35,000/- and one surety of the like amount.
Appearance: Mr. Javed Khan, Mr. Irfan Firdous and Mr. Monish Ali Khan, Advocates for Petitioner; Mr. Utkarsh, App with Si Satwant Singh, PS: Crime Branch, Cyber Cell.
Case title: Meena v. State
Case no.: BAIL APPLN. 1694/2025