Contraband Seized Separately Can’t Be Pinned on One Accused to Deny Bail: Delhi HC
The Delhi High Court has held that when contraband is recovered from the accused persons separately, it cannot be collectively attributed to one person to deny bail.
In a plea filed by one Meena seeking regular bail in a First Information Report registered under Sections 21, 25 and 29 of the Narcotic Drugs & Psychotropic Substances Act, 1985 (NDPS Act), the bench of Justice Neena Bansal Krishna observed that the contraband recovered from Meena was only 100 grams, which is an intermediate quantity.
“It cannot be the case that where heroin is recovered from the accused persons separately, it can be collectively attributed to the applicant,” the court said.
According to the status report filed by the State, on a specific intelligence input, a raiding team was constituted and accused Akhil Dass was apprehended from a bus. He was carrying a black bag over his left shoulder. After serving a notice under Section 50 of the NDPS Act, the bag was searched and a transparent polythene pouch tied with a red rubber band was recovered, containing light pink powder. A field test confirmed the substance was heroin. The net weight of the heroin was 1,097 grams, excluding the pouch weight of 7 grams, which qualifies as a commercial quantity under the NDPS Act.
During interrogation, Dass disclosed that he had procured the recovered heroin from Meena, describing her as a regular supplier. Meena was apprehended on April 26, 2024. After compliance with Section 50 of the NDPS Act, 100 grams of heroin were recovered from the pocket of her salwar.
Before the High Court, counsel for Meena argued that she had already undergone about one year and four months of judicial custody and had been falsely implicated. It was contended that the prosecution’s case was based on concocted and fabricated facts, with faulty investigation. As only 100 grams of heroin was allegedly recovered from her, which is an intermediate quantity, the rigours of Section 37 of the NDPS Act were not attracted.
It was further argued that no written communication of the grounds of arrest was provided by the Investigating Officer, relying on Pankaj Bansal v. Union of India, (2024) SCC 76 and Prabir Purkayastha v. State of NCT. The defence also asserted that no independent witnesses were joined despite the arrest taking place in a crowded area.
Opposing the bail, the State submitted that Meena had previously been involved in an NDPS case. The State further argued that a total recovery of 1,347 grams of heroin was made from all five accused, qualifying as a commercial quantity, and therefore the rigours of Section 37 of the NDPS Act were attracted.
It was also claimed that the case involved an organised drug syndicate, and given the nature and gravity of the offence, there was a strong possibility of Meena absconding or re-engaging in similar activities.
Taking note of the submissions, the court observed that Meena had been in judicial custody since her arrest and that the chargesheet against her had already been filed. Three co-accused, namely Ashfaaq, Ansar and Saif Ali Khan @ Kallu Khan, two of whom were found in possession of intermediate quantities and one from whom nothing was recovered, had already been granted bail.
The court concluded, "Though the State has claimed that in all 1,097 grams of heroin had been recovered from all the accused persons, it is the specific case that the applicant was apprehended and 100 grams of heroin was recovered, which is an intermediate quantity. It cannot be the case that where heroin is recovered from the accused persons separately, it can be collectively attributed to the applicant. There is no further necessity of keeping the applicant in custody for the purpose of investigation. The trial is at the nascent stage and would take long to get concluded.”
Accordingly, the High Court granted regular bail to Meena, subject to certain terms and conditions.
Case Title: MEENA versus STATE(GOVERNMENT OF NCT OF DELHI)
Order Date: 5 August 2025
Bench: Justice Neena Bansal Krishna