Abscondence Of Co-Accused Can Be A Relevant Factor While Deciding Bail Under NDPS Act: Delhi High Court

The Delhi High Court has held that the presence of an absconding co-accused can be a relevant factor while considering bail under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

Justice Saurabh Banerjee was hearing the bail application filed by a foreign national accused in a case involving recovery of 256 grams heroin— commercial quantity of narcotic substance, where one of the co-accused jumped the bail and is now absconding.

Refusing to grant bail, the High Court noted that the absconding status of a co-accused raises legitimate concerns regarding the possibility of the applicant fleeing from justice. It observed,

“That his co-accused, after being granted regular bail is untraceable, which in turn has resulted in issuance of NBW against him, is also a vital factor for consideration in the facts involved…simply because there is no photographic or videographic evidence cannot lend any support for the applicant to seek bail.”

Bail under NDPS Act is governed by the rigorous twin conditions under Section 37, which require the Court to be satisfied that there are reasonable grounds to believe that the accused is not guilty of the offence and is not likely to commit any offence while on bail.

The Court held that the Applicant committed the offence while he was already released on bail in another FIR registered under the NDPS Act, thus reflecting a “continuing pattern of criminal conduct”.

It added, “This is a case where evidence is still ongoing and only 2 out of the 19 prosecution witnesses have been examined before the learned Trial Court so far. It is not a case of the applicant that there has been any delay of any kind on account of anyone, it is not a case of any inordinate delay as such” and dismissed the plea.

Appearance: Mr. Javed Khan, Adv. for Applicant; Ms. Meenakshi Dahiya, APP for the State alongwith Ms. Vanshika Singh and Mr. Bhanu Pratap Singh, Advs. and SI Akash Deep, Special Staff, North District for Respondent

Case title: Okoli Anayo Franklin v. The State NCT Of Delhi

Case no.: BAIL APPLN. 4027/2025

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