HC: ‘Khad’ cannot be solely interpreted to mean drugs/contraband [

 

The Single Bench of the Delhi High Court in the case of Pratap Singh vs The State (NCT of Delhi) consisting of Justice Jasmeet Singh held that ‘Khad’ cannot be solely interpreted to mean drugs/contraband.

Facts

This petition was filed seeking bail in a FIR registered /s 21/29 NDPS Act. As per the FIR, information was received regarding supply of Heroine and one Uday Patel was involved in the said transaction. It also transpired that Kapil alias Vivek was to receive the consignment from Uday Patel. A trap was laid and Uday Patel, Kapil and Ram Naresh Yadav were apprehended. 3 Kg heroine was recovered from Kapil and 7 Kg from Uday.

Procedural History

The accused persons were arrested, interrogated, produced before the Court and PC remand was obtained. During interrogation, accused Kapil named the applicant as one of the persons in the drug trafficking racket. As per the status report, the evidence against the applicant was the disclosure statement of the accused himself and the voice sample of the applicant which was matched with the intercepted call between the applicant and Kapil regarding drug transaction.

 

Observations of the Court

The Bench noted that the applicant has been apprehended primarily based on the disclosure statement of one Kapil:

“There was no recovery made from the applicant. Further, admittedly, the applicant is running a shop of fertilizer…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.”

 

It further noted that the petitioner had been in custody since 09.03.2021. Further, there was no recovery from the applicant, no money trail or possession of any drugs/contraband with the applicant. He also had clear antecedents and there was no other case pending against him.

Order

The Bench concluded that the petitioner was not likely to commit any offence while on bail. Hence the application was allowed with a personal bond and a surety bond in the sum of Rs. 50,000/- each, to the satisfaction of the Trial Court along with certain other conditions. The petition was disposed of accordingly.

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

Citation: BAIL APPLN. 2507/2022, CRL.M.(BAIL) 1002/2022 

Bench: Justice Jasmeet Singh

Decided on: 3^rd November 2022 

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(With input from news agency language)

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