22 December 2023 Adulteration of Drugs >> Criminal Law  

Delhi High Court has denied bail to Salman, an accused arrested for allegedly possessing morphine, a narcotic drug. The case highlights the challenges of securing bail in Narcotic Drugs and Psychotropic Substances Act (NDPS Act) cases involving commercial quantities.

Background:

Salman was arrested alongside two others on charges of purchasing morphine from a co-accused named Arif. During the arrest, authorities recovered 340 grams of morphine, classified as a commercial quantity under the NDPS Act. Salman argued his innocence and sought bail, citing that the main accused, Arif, had already been granted bail by a higher court.

Court's Reasoning for Denial:

The court acknowledged Salman's claim of innocence but pointed towards the prosecution's argument that he intended to buy the morphine for further sale. Additionally, call records and statements from other accused suggested a possible conspiracy.

A crucial factor in the court's decision was the recovered quantity of morphine. Since it fell under the commercial category, stricter bail provisions under Section 37 of the NDPS Act applied. The court referenced a Supreme Court judgement explaining the requirements for "reasonable grounds" for bail under this section.

 

 

Current Status and Next Steps:

While a forensic report confirmed the substance as morphine, the court has yet to frame formal charges against Salman. The ongoing investigation and the nature of the charges played a role in denying bail at this stage.

The judgement emphasizes that this decision doesn't reflect on the overall merits of the case. Salman's legal team can explore further options to challenge the denial or pursue bail again as the case progresses.

Significance of the Case:

This case underscores the challenges faced by individuals seeking bail in NDPS Act cases involving commercial quantities of drugs. The stricter bail provisions and the court's discretion based on specific facts and legal interpretations significantly impact the bail process.

Section 37, Narcotic Drugs and Psychotropic Substances Act - 1985  

Narcotic Drugs and Psychotropic Substances Act, 1985