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NDPS Act | Delhi High Court Grants Bail To Former Punjab AAG Booked For Transporting Drugs, Says Twin Conditions U/S 37 Satisfied
Nupur Thapliyal
18 Jan 2025 6:00 AM
The Delhi High Court has granted bail to lawyer and former Additional Advocate General for the State of Punjab in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 last year. Justice Jasmeet Singh granted relief to Vikramjit Singh, observing that the "twin conditions" given under section 37 of the NDPS Act were "satisfied" in the case. The court also noted that...
The Delhi High Court has granted bail to lawyer and former Additional Advocate General for the State of Punjab in a case registered under the Narcotic Drugs and Psychotropic Substances Act, 1985 last year.
Justice Jasmeet Singh granted relief to Vikramjit Singh, observing that the "twin conditions" given under section 37 of the NDPS Act were "satisfied" in the case. The court also noted that the petitioner had been in custody since February 26, 2024 and the chargesheet had already been filed showing that the investigation is complete.
Section 37 states that bail should not be granted to an accused unless the accused is able to satisfy twin conditions i.e. reasonable ground for believing that the accused is not guilty of such an offence and that the accused would not commit an offence or is not likely to commit an offence, if granted bail.
The Court also observed that Singh was not likely to commit any offence while on bail and that the prosecutor was given an opportunity to oppose the bail and was duly heard.
The allegations against Singh were that 12.16 Kgs of Methamphetamine was recovered from the house of an individual in a bag which was transported by Singh to Delhi. It was alleged that the package was delivered by two other individuals in the national capital. As per the FIR, the bag was delivered at the instructions of Singh.
Granting bail in the matter, the Court noted that the disclosure statement of the individual from whose house the bag was recovered did not state that it was Singh who had supplied the alleged recovered contraband.
“From the facts noted above, prima facie, I am of the view that the disclosure statement cannot be used against the petitioner as the petitioner is not named therein and the disclosure statement refers to an incident which had already taken place and recovery affected already, hence, not admissible in the eyes of law,” the Court said.
It added that there was no link telephonically or otherwise between Singh and the individual in question. It was also observed that the NCB, for the reasons best known to them, did not arrest the two individuals who allegedly supplied the contraband.
“The petitioner has clean antecedents and has no prior involvement in any criminal activity. The petitioner is an Advocate by profession and was Additional Advocate General for the State of Punjab. I am of the view that the petitioner is not likely to commit any offence while on bail,” the Court said.
Title: VIKRAMJIT SINGH v. NCB
Citation: 2025 LiveLaw (Del) 60