Role Of Police Is Not To Just 'Arrest And Dump' People In Jail: Delhi High Court Calls For Cooperation During Prosecutions

The Delhi High Court on Wednesday granted bail to an accused booked under the NDPS Act, while strongly criticising the approach of the Delhi Police in handling matters concerning personal liberty.

Justice Girish Kathpalia observed that despite repeated judicial directions, the approach of the police towards bail matters had not improved.

The Court said that the role of the police was “not just to arrest a person and dump them in jail, without bothering to pursue the prosecution.”

Justice Kathpalia was hearing a regular bail plea moved by one Rifat Ali alias Danish in an FIR registered at Bhalswa Dairy Police Station under Sections 21, 25 and 29 of the NDPS Act.

During the hearing, the Court noted that two sub-inspectors appeared before it, but neither officer was aware as to who had been assigned investigation of the case after the retirement of the earlier investigating officer.

The Court found that even the prosecution was not properly briefed regarding the status of trial proceedings.

While the prosecution claimed that six witnesses had been examined, the accused relied on trial court ordersheets to show that only four witnesses had been fully examined and the fifth witness was only partly examined.

Observing that the accused had remained in custody since July 18, 2023, and that the trial was unlikely to conclude within a reasonable period, the Court reiterated that the right to speedy trial under Article 21 of the Constitution can override the rigours of Section 37 of the NDPS Act.

“It is trite that right to speedy trial flowing from Article 21 of the Constitution of India is potent enough to make inroads into the rigours of Section 37 of NDPS Act,” the Court said.

Accordingly, the Court allowed the bail plea and directed release of the accused on furnishing a personal bond of Rs.10,000 with one surety of the like amount.

While doing so, the Court said that delay in trial was the major plank on which the accused had sought grant of bail in the matter. It thus said:

“This is certainly not the manner in which the State should deal with the liberty of an individual. Role of the police is not just to arrest a person and dump them in jail, without bothering to pursue the prosecution.”

The Court directed that a copy of the order be sent to the Commissioner of Police “with the ever fainting hope” that issues concerning liberty would be treated seriously.

Title: RIFAT ALI @ DANISH v. STATE NCT OF DELHI

Click here to read order