Greater Presumption Against Highly Educated Persons Carrying Large Quantities Of Narcotics: Delhi HC Denies Bail In NDPS Case

The Delhi High Court recently denied bail to a woman in a case concerning the Narcotics Drugs and Psychotropic Act, after observing that there is a greater presumption being an educated person that carrying large quantities of narcotics is a crime.

Justice Subramonium Prasad said:

"An uneducated person may claim no knowledge of the substance found in his/her possession and may raise a defense of the substance being planted on them but being a highly educated person, there is greater presumption that carrying large quantities of narcotics is a crime and that it would entail consequences in law which could be harsh and irrevocable."

The Court refused to grant bail to one Sonia Shamrao Naik after opening that the quantity recovered from her was commercial quantity therefore the case could not fall within the twin parameters of Section 37 of the NDPS Act.

The woman was found to be in the possession of Methamphetamine, sample of which was verified by conducting a chemical test of the sample of the seized material.

"The disclosure statement has lead to the arrest of two Nigerian accused in whose possession narcotics was found. It has also been discovered by the NCB that these two accused were living illegally in India on fake passports. Material on record discloses that the petitioner is a part of a network which deals in supply/sale of Narcotics," the Court said.

"The clean & tidy track record of the Petitioner does not absolve her from being in possession of 600 Gms of Methamphetamine," it added.

The petitioner's bail plea was rejected by Special NDPS Judge, Patiala House Court in 2019 on the ground that she was caught with narcotics, in commercial quantity, at a Nizamuddin Railway Station.

The Court observed that the there was a prima facie case against her for the offences she was charged with and it appeared that she had been trafficking commercial quantity of narcotics.

"There appears to be a prima facie evidence that the Petitioner was in the possession of 600Gms of Methamphetamine at Nizamuddin Railway Station on 22.2.2018," the Court said.

Accordingly, the bail plea was dismissed.

Related News

Recently, son of actor Shahrukh Khan- Aryan Khan was arrested and sent to custody in connection with alleged sale and possession of narcotics in the Cruise Ship Drug Case.

Eight people were detained by the NCB after the seizure, 3 including Khan, were arrested in the first batch and another group of 5 Delhiites.

The first three are booked for consumption and possession of small quantities under section 8(c) read with sections 20b (possesses, purchases, cannabis), 35 (Presumption of culpable mental state), 27 (consumption of any narcotic drug or psychotropic substance) of NDPS Act.

Case Title: SONIA SHAMRAO NAIK GAONKAR v. NARCOTIC CONTROL BUREAU

Click Here To Read Order