The Delhi court rejected Gurjit Singh's bail application who is charged in a high-profile drug case relating to the illegal production and smuggling of Methamphetamine and precursor chemicals. The application was made under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS"), which replaced the previous Section 439 of the Code of Criminal Procedure.
Case Background:
The case emanated from a large-scale probe conducted by the Narcotics Control Bureau into an international drug cartel involved in drug trafficking between India, Australia, and other nations. The police seized various consignments of Methamphetamine, among which there was a consignment of almost 3 kilograms sent through a courier parcel from Delhi to Australia, and additional quantity seized from different places, including the premises of the accused at Ludhiana.
The accused, Gurjit Singh, and many others were apprehended after raids revealed a secret Methamphetamine lab that was run in conjunction with foreign nationals and provided precursor chemicals for massive drug production. Investigations disclosed the utilization of hawala channels to finance drug operations, coordination with foreign cartel heads, and extensive cyber proofs incriminating the accused in the crime syndicate.
Arguments of the Defense:
Senior counsel for Gurjit Singh maintained that the accused was wrongly implicated with no physical evidence against him to connect him with the seized drugs. There were no recoveries directly from his person or home, and the offices searched were not exclusively under his control. The defense challenged the admissibility of some of the confessional statements and argued that the association of the accused with co-accused was professional and not criminal. They also invoked the principle of parity, observing that other co-accused who had arguably more substantial connections were awarded bail. The defense also pointed towards the health problems of the accused and the long period in detention in the middle of a continuing trial that was likely to take years.
Prosecution's Contentions:
The Narcotics Control Bureau responded by laying emphasis on the accused's proactive role in setting up and operating the meth lab, his interaction with cart operators abroad, and the transactions tracked through hawala intermediaries. They relied substantially on electronic data, eyewitness testimony, and CDRs to prove the accused's presence at the center of the cartel's operations. The prosecution emphasized the business extent of the drug seizures, that the stringent prohibitions under Section 37 of the NDPS Act were attracted and bail was to be refused to avoid any threat to the investigation.
Court's Analysis and Ruling:
The court scrutinized meticulously whether the twin conditions under Section 37 of the NDPS Act for bail were fulfilled: whether there are reasonable grounds for believing that the accused is not guilty and whether the accused is not likely to commit an offence if he is released on bail. Although recognizing the test of burden to be on a prima facie basis, the court held that the prosecution had established a sound case of criminal conspiracy for the large-scale production and distribution of drugs.
The lack of overt seizures from the accused did not undermine the prosecution's case, having immense witness statements and digital evidence pointing to his role. The court pointed out that the principle of parity was not applicable as the accused's involvement was anything but peripheral and exclusively pivotal in the hierarchy of the cartel.
Issues relating to delay of trials and health of the accused, albeit mentioned, could not counterbalance seriousness of charges and risks involved. The court made it clear that grant of bail under Section 37 of NDPS cannot be given casually in commercial quantity drug cases of such nature.
The court accordingly rejected the bail application, affirming invocation of Section 37's restraint considering the nature and quantum of evidence against the accused.
Section 438, BHARATIYA NAGARIK SURAKSHA SANHITA - 2023
BHARATIYA NAGARIK SURAKSHA SANHITA, 2023
Section 37, Narcotic Drugs and Psychotropic Substances Act - 1985
Narcotic Drugs and Psychotropic Substances Act, 1985
