NDPS bail and conscious possession: Delhi HC granted regular bail where parcel facilitation alone did not establish guilt prima facie.

In an NDPS bail matter involving alleged amphetamine recovery from a courier parcel, the HC found that the available material did not prima facie establish conscious possession. The petitioner was shown only to have facilitated booking of the parcel for a Nigerian national, while the courier employee's statement supported a limited intermediary role and no ownership or possession of the contraband. The later disclosure statement was treated as insufficient as substantive evidence. On that record, the statutory presumptions did not defeat bail, and the twin conditions under Section 37 were held to be satisfied. Regular bail was granted subject to conditions.

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Issues: Whether the petitioner was entitled to bail in an NDPS case involving alleged recovery of amphetamine from a courier parcel, having regard to the requirements of conscious possession, statutory presumptions, and the twin conditions under Section 37 of the NDPS Act.

Analysis: The material showed, at this stage, that the petitioner had facilitated booking of the parcel at the request of a Nigerian national and was not shown to be the owner or possessor of the contraband. The Court noted that the parcel had been booked through the courier company, the receiver details had been communicated through WhatsApp, and the courier employee's statement supported the petitioner's limited role. The only material directly implicating knowledge of contraband was a later disclosure statement, which could not be relied upon as substantive evidence. In these circumstances, conscious possession was not prima facie established and the statutory presumptions were not sufficient to defeat bail on the existing record. Applying the prima facie standard for Section 37, the Court held that the petitioner was reasonably shown not to be guilty and was not likely to commit an offence while on bail.

Conclusion: Bail was granted to the petitioner, subject to conditions.

Final Conclusion: The petition was disposed of by granting regular bail, the Court having found that the existing material did not prima facie establish conscious possession or justify continued custody under the NDPS bail restrictions.

Ratio Decidendi: In NDPS bail matters, where the available material only shows facilitation of a parcel by an intermediary and the main incriminating assertion rests on an inadmissible disclosure statement, conscious possession is not prima facie established and the twin conditions under Section 37 may be treated as satisfied for grant of bail.

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