22 April 2024 Adulteration of Drugs >> Criminal Law   |   Bail and Antcipatory Bail >> Criminal Law   |   FIR >> Criminal Law  

An individual arrested on charges of heroin possession has been granted bail by a court in New Delhi. The court's decision hinged on whether the search conducted by police adhered to proper legal procedures.

The defendant, whose name was not disclosed, was apprehended with 270 grams of heroin. The prosecution argued the arrest stemmed from a tip-off and that the search was lawful.

However, the defense countered that the officer who witnessed the search was not an independent officer, as mandated by the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

The court, upon reviewing the arguments, agreed with the defense. They determined that the officer who witnessed the search wasn't independent, rendering the search illegal.

This illegality in the search procedure played a crucial role in the court's decision to grant bail. The court concluded that, due to the improper search, there were sufficient grounds to believe the defendant might not be guilty.

The defendant was released on bail with specific conditions, including surrendering their passport and reporting to the police station on a weekly basis.

It is important to note that this court order pertains solely to the bail application and does not express any judgment on the merits of the case itself. The trial will proceed to determine the defendant's guilt or innocence.

  Narcotic Drugs and Psychotropic Substances Act, 1985    Foreigners Act, 1946