Delhi HC grants anticipatory bail in NDPS case observing no prima facie reasons to believe accused was part of larger conspiracy
May 07, 2022
New Delhi [India], May 7 : The Delhi High Court granted anticipatory bail to an accused in a case registered under the Narcotics Drugs Psychotropic Substances (NDPS) Act observing that there is prima facie no reason to believe that accused was part of a larger conspiracy.
Delhi Police had arrested another accused with 300 gm. of smack who gave a confessional statement against the petitioner.
Justice Jasmeet Singh while granting anticipatory bail to Mohd. Irshad referred to a Supreme Court judgement which says that the confessional statement can be used as a corroborative statement when there is other evidence available.
The bench observed, "There is no other independent, corroborative or affirmative legal evidence against the applicant except the confessional statement of the arrested accuse, Md. Akleem".
"Additionally, the applicant does not have any past antecedents. This court has no reason to believe, prima facie, that the accused is part of a larger conspiracy," the court added.
Justice Singh observed that the court is of the view that for the reasons stated there are reasonable grounds that the accused is not guilty of the offence as alleged.
"Further, I am also of the view that the applicant is not likely to commit an offence under the Act while on bail," Justice added.
The bench directed the petitioner to furnish a personal bond in the sum of Rs. 20,000.
Court also directed him to surrender his passport and cooperate and join the investigation as and when directed by the Investigation Officer.
The petitioner Md. Irshad had moved a petition through Advocate Rahul Singh seeking anticipatory bail in case a registered at Kalyan Puri Police Station under NDPS Act. Earlier his bail application was dismissed by the Special Judge of Karkardooma Courts on February 21, 2022.
Delhi Police had arrested Md. Akleem on a tip-off with 300 grams of smack. On his arrest, he disclosed that he used to supply smack to petitioner Irshad@ Neta who is also a resident of his village in Badaun district in Uttar Pradesh.
