15 April 2025 Bail and Antcipatory Bail >> Criminal Law  

In Manjula v/s State Of NCT Delhi., the Delhi High Court has granted anticipatory bail to an individual accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, citing significant doubts regarding the authenticity of the police raid and recovery.

The case, registered under FIR No. 297/2024 by PS Lajpat Nagar, involves the alleged recovery of 3.69 kg of ganja and Rs. 10,620 in cash from the accused's jhuggi. The prosecution claimed to have conducted a raid on July 25, 2024, based on secret information. However, the accused was not present at her residence at the time of the raid, as she had reportedly traveled to Chennai the day before due to her husband's demise.

The defense argued that nothing incriminating was recovered from the accused's possession or at her instance, and she has been falsely implicated. The prosecution, conversely, opposed the bail, stating that the investigation is ongoing, the accused's son is absconding, and custodial investigation is necessary to unearth the complete supply network of the contraband.

The court, however, noted several discrepancies. The recovered ganja quantity is classified as intermediate, not commercial. Furthermore, the QR codes found at the jhuggi pertained to bank accounts held by the accused's son, not the accused herself, and there were no records of financial transactions involving the accused.

Crucially, the court's examination of the investigation file revealed that the seizure memos surprisingly bore FIR numbers despite being prepared prior to the FIR's registration, raising serious questions about the genuineness of the procedure. More significantly, all Case Diary proformas in the Investigating Officer's file were found to be blank, casting further suspicion on the veracity of the alleged raid.

While emphasizing that these observations are prima facie and subject to trial, the court concluded that, considering the circumstances, the anticipatory bail application should be allowed. The accused has been directed to furnish a personal bond of ?10,000 with one surety of the like amount and to cooperate with the investigation as and when required.

Narcotic Drugs and Psychotropic Substances Act, 1985