[NDPS Act] Absence Of Recovery From Accused Insufficient For Bail When Nexus With Narcotic Network Is Disclosed: Delhi HC

Justice Shalinder Kaur remarked that the involvement in a narcotic network justifies a 'more cautious' approach for grant of bail under Section 37 of NDPS Act.

“Mere assertions or absence of recovery from the accused may not suffice when the material on record prima facie discloses a nexus with a narcotic network. The gravity of the offence, coupled with the organized nature of the criminal activity, justifies a more cautious approach in the grant of bail under the NDPS Act.”

The Court was considering a bail petition of the petitioner/accused booked under Section 21 and 29 of NDPS Act and Section 14 of the Foreigners Act. The case arose out of allegations that a narcotic network was actively involved in trafficking of narcotic drugs, particularly heroin.

When the police were searching a home, they seized Rs. 2.29 lakh, alleged to be the proceeds of sale of heroin, along with property documents suspected to be acquired from narcotics proceeds. The petitioner and his brother were found to be present in the said house.

During the interrogation, the petitioner allegedly disclosed that the heroin was procured from Nigerian nationals. Upon searching the house of one Nigerian national, the police said that they recovered 500 grams of heroin. It was also alleged that another co-accused with 360 grams of heroin was arrested at the instance of the petitioner.

In the bail application, the petitioner contended that he was falsely implicated in the present case, as no recovery of any contraband was effected at his instance. On the other hand, the State opposed the plea and submitted that there was sufficient to prima facie evidence to establish petitioner's involvement. The State argued that the petitioner was a key operative in the narcotic syndicate, responsible for receiving heroin from co-accused and supplying it to co-accused.

The High Court noted that when there are allegations of being involved in a narcotic network, the bar under Section 37 NDPS Act for grant of bail “assumes heightened significance.”

It observed, “When an accused is alleged to be involved in a narcotic network, the bar under Section 37 of the NDPS Act assumes heightened significance. The involvement in an organized network indicates a deeper and more structured participation in the commission of the offence, thereby raising serious concerns about the potential for reoffending, tampering with evidence, or influencing witnesses if released on bail.”

It noted that in such cases, the Court has to apply the twin conditions under Section 37 of the NDPS Act: first, that there must be reasonable grounds for believing that the accused is not guilty of the offence, and second, that he is not likely to commit any offence while on bail.

In the present case, the Court opined that the petitioner prima facie seems to be involved in organized narcotic network. It noted that he was in touch with the main supplier and receiver of the contraband. It also observed that at petitioner's instance, two other co-accused were arrested with possession of 500 gm and 360 grams of commercial quantity of heroin.

Noting that the petitioner was one of the links in the narcotic syndicate, the Court rejected his bail application.

Case title: Praveen vs. State Govt Of NCT Of Delhi

Citation: 2025 LiveLaw (Del) 475