'Khad' Cannot Solely Be Interpreted To Mean Drugs: Delhi High Court, Grants Bail To Fertilizer Seller In NDPS Case

The Delhi High Court has granted bail to an accused in an NDPS case, observing that 'Khad' cannot be solely interpreted to mean drugs or contraband.

"The applicant is in the business of fertilizers and hence the use of word 'Khad' is neither unusual nor strange. I have reasonable ground to believe that he is not guilty of the offence," said Justice Jasmeet Singh in the order dated October 3.

The court made the observation while granting bail to Pratap Singh, who was in custody in the case since March 09 last year.

In the case registered by Special Cell in March 2021, three Kilograms of heroin was allegedly recovered from accused Kapil and 7 Kilograms from the alleged supplier Uday. 

The accused Singh had been arrested on the basis of Kapil's disclosure statement and an intercepted call between them regarding an alleged drug transaction.

Justice Singh in the order said the accused Singh was "apprehended primarily" on the basis of Kapil's disclosure statement, and that there was no recovery from him.

"Further, admittedly, the applicant is running a shop of fertilizer at Barabanki, UP. The intercepted conversation between Kapil and the applicant shows that they were talking about supply of 'Khad' which cannot be solely interpreted to mean drugs/contraband," said the court.

With regard to the bar of Section 37, the court said the public prosecutor has been granted an opportunity to oppose the application.

"There is no recovery from the applicant, there is no money trail or possession of any drugs/contraband with the applicant. The applicant has clear antecedents and there is no other case pending against him and the only material against the applicant is the disclosure statement of Kapil and the intercepted conversation which talks about 'Khad'," it added.

Allowing bail application of the accused, the court also said it is prima facie of the view that he is not likely to commit any offence while on bail.

Title: Pratap Singh vs The State (NCT of Delhi)

Citation: 2022 LiveLaw (Del) 1059

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