Investigations Often Half-Hearted, Provisions Of NDPS Act Must Be Implemented Effectively: Delhi High Court

The Delhi High Court has said that the provisions of Narcotic Drugs and Psychotropic Substances Act, 1985, must be implemented effectively, observing that investigations in narcotics cases are often half-hearted for various reasons.

Justice Vikas Mahajan said that in order evade enforcement authorities, the drug traffickers take recourse to the most ingenious and devious ways of trading illicitly in narcotic drugs and psychotropic substances.

“Investigations are often half-hearted, for various reasons including underhanded deals. Illicit business in and consumption of narcotic drugs and psychotropic substances is endangering the social and

economic stability of India as well as that of developing countries, adversely affecting the health of people. Therefore, the provisions of the NDPS have to be effectively implemented,” the court said.

At the same time, the court added, that the twin conditions which need to be satisfied under Section 37 of the Act for granting bail as they very stringent and have the effect of curtailing the liberty of an accused.

“…therefore, the Court before combining the quantities of the contraband recovered from all the accused has to guard itself against the danger of unfairness to the accused,” the court said.

Furthermore, Justice Mahajan said that invocation of offence of abetment or conspiracy under Section 29 of the Act is must for clubbing of quantity of contraband recovered from two or more co-accused. 

“However, there cannot be a straight jacket formula for clubbing the quantity of contraband recovered from all the accused, merely on the basis of invocation of offence under Section 29 of the Act. It will depend on the factual backdrop of each case and the incriminating material available against the accused persons,” the court said.

It added that where joint recovery of contraband has been effected from two or more co-accused, the recovered contraband cannot be equally divided amongst the number of accused to determine whether the quantity of contraband recovered in “commercial quantity” or not.

“Where accused persons are travelling together in the same private vehicle individually carrying contraband, it will not be proper to consider the alleged recovery to be an individual recovery and the contraband recovered from all persons can be clubbed,” the court said.

It added: “If an accused is a habitual offender, it gives rise to an inference that he knows the tricks of the trade. In such a situation, previous involvement of the accused in the case(s) under the NDPS Act, is an additional factor which could be considered, besides other incriminating circumstances, for adding the quantities of contraband recovered from two or more co-accused.”

The court made the observations while denying bail to a man in an NDPS case. The members of the raiding team apprehended the accused and also recovered two bags thrown by him. A total of 828 gm ganja was recovered from the accused and he was arrested.

“…there is ample material on record to establish conspiracy between them and it is a fit case where the quantity of contraband recovered from the present petitioner as well as the co-accused Tarkeshwar Prashad Shah @ Rakesh Singh can be clubbed and accordingly, the rigors of Section 37(1)(b)(ii) of the NDPS Act will apply,” the court said.

Title: AWADHESH YADAV v. STATE GOVT. OF NCT OF DELHI

Citation: 2023 LiveLaw (Del) 1252

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