07 February 2024 Bail and Antcipatory Bail >> Criminal Law   |   Evidence >> Criminal Law  

In a recent judgment, the Delhi High Court granted bail to Mohd. Nasar, an accused in a case registered by the Narcotics Control Bureau (NCB) under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) for alleged possession of heroin.

The prosecution's case centred on the apprehension of Nasar's co-accused, Hikamtuallah Hakimi, who was allegedly found in possession of heroin concealed within towels and a bedsheet. The NCB further alleged that Nasar was intercepted while attempting to collect these narcotics from Hakimi.

Nasar's defense countered the prosecution's narrative on several points. First, they argued that no incriminating material, specifically heroin, was recovered from Nasar's person or residence. Additionally, a substance found at his residence did not test positive for heroin during testing. Furthermore, the defense contested the inclusion of the towels' and bedsheet's weight in calculating the total quantity of seized heroin.

The defense also challenged the admissibility of evidence against Nasar. They argued that the co-accused Hakimi's statement implicating Nasar, likely recorded under Section 67 of the NDPS Act (statement by co-accused is inadmissible in evidence), could not be used against him. Finally, they highlighted that the WhatsApp chat records presented as evidence by the prosecution had not been forensically verified.

The court, while acknowledging the existence of grounds for believing Nasar's innocence, ultimately determined that the current evidence presented by the prosecution was insufficient to justify denying bail at this stage. The court further noted the absence of any prior criminal record on Nasar's part.

Nasar was granted bail subject to several conditions. He is required to furnish a personal bond of Rs. 50,000 along with a surety bond of the same amount. Additionally, he must surrender his passport and any travel documents. The court mandated that Nasar provide the investigating officer (IO) with his working mobile phone number and maintain its active status. He is also obligated to disclose his residential address to the IO.

The bail conditions further stipulate mandatory video call attendance with the IO every Saturday between 11:00 AM and 12:00 noon. In the absence of functioning video call capability, Nasar can send an SMS informing the IO of his whereabouts. Regular court appearances on all scheduled hearing dates are mandatory, and Nasar is prohibited from leaving Delhi without prior permission from the court. Finally, the bail conditions explicitly forbid Nasar from engaging in any criminal activity during the bail period.

It is crucial to note that the court emphasized that these observations were made solely for the purpose of considering bail and do not constitute an opinion on the merits of the case itself. The trial will proceed, and the court will ultimately determine Nasar's guilt or innocence based on the presented evidence.

  Narcotic Drugs and Psychotropic Substances Act, 1985