TaxTMI 
TaxTMI 
TaxTMI 
2024 (7) TMI 1540
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....road. Thereafter, a raiding team was constituted and two persons namely, Mohd Munib and Raviul Islam were intercepted in a 'Swift car' from Aurobindo Road, near red light, Mother's International School at about 10:25 PM. 3. It is alleged that 13 bags containing 41 packets were recovered from the car, and were found to be containing 'Ganja' weighing 259.607 Kgs. 4. Subsequently, the accused persons were arrested on 06.09.2022. 5. During the course of the investigation, accused Mohd. Munib disclosed the involvement of a person, namely, Gopal Dangi who was an active part of their group. It is alleged that the accused (Mohd Munib) assisted the police in apprehending Gopal Dangi. It is alleged that on 12.09.2022, at about, 8:30PM, the police officials apprehended him near the Delhi Jal Board Office, DDA Janta Flats, Jasola, Delhi. It is further alleged that 7 packets of Ganja weighing 30.9 Kg were recovered from the scooty driven by Gopal Dangi. 6. Subsequently, accused - Gopal Dangi was arrested on 12.09.2022. 7. It is alleged that a few passers - by were also informed about the respective situations and were asked to join the police action, however, all of the....
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.... of Punjab (2008) 16 SCC 417 to contend that the guidelines in the Standing Order cannot be blatantly flouted and the substantial compliance of the same is crucial to ensure that the sanctity of physical evidence remains intact. 14. He submitted that the applicant - Mohd. Munib has been in judicial custody since 06.09.2022 and the applicant - Gopal Dangi has been in judicial custody since 12.09.2022. He submitted that only one witness has been examined and the trial is likely to take long. He submitted that the matter regarding the alleged violation of procedural safeguards contained in the NDPS Act cannot be kept in abeyance for consideration during the course of the trial. 15. Per contra, the learned Additional Standing Counsel strongly opposed the grant of any relief to the applicants. He submitted that commercial quantity of contraband has been recovered from the applicants in the present case and the rigours of Section 37 of the NDPS Act are thus attracted against the applicant. 16. He submitted that lack of strict adherence to the Standing Orders, delay in preferring the application under Section 52A of the NDPS Act or absence of independent witnesses are merely procedural....
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....ime being in force, on granting of bail." 22. The accusation in the present case is with regard to the recovery of commercial quantity of contraband. Once the rigours of Section 37 of the NDPS Act are attracted, as provided under the Section, the Court can grant bail only when the twin conditions stipulated in Section 37(1)(b) of the NDPS Act are satisfied in addition to the usual requirements for the grant of bail - (1) The court must be satisfied that there are reasonable grounds for believing that the person is not guilty of such offence; and (2) That the person is not likely to commit any offence while on bail. 23. The learned counsel for the applicants submitted that a liberal interpretation of Section 37 of the NDPS Act must be taken into account by the Court in the present case on the following grounds : a) Delay in filing application under Section 52A of the NDPS Act and delay in sending samples to FSL; b) Non-joinder of independent witnesses and no photography/videography; and c) Delay in trial. 24. This Court in the case of Sovraj v. State : 2024:DHC:5009, adverting to a number of judgments, has concurred with the view of a Coordinate Bench of this Court in Somdu....
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....ince the prosecution had prior secret information and the applicants were apprehended at a public place. 30. It is also pertinent to note that the investigating agency was also unable to procure/ place on record any CCTV footage since the alleged recovery was made at a public place. 31. This Court in Bantu v. State Govt of NCT of Delhi (supra), noted that the Hon'ble Apex Court, way back in the year 2018 in Shafhi Mohd. v. State of H.P. (supra), after taking note of the technological advancements, had passed certain directions. The Hon'ble Apex Court had emphasised the role of audio-visual technology in enhancing the efficacy and transparency in the police investigations. 32. This Court also noted that realising the need of change in time, the Legislature has now passed the Bharatiya Nagarik Suraksha Sanhita, 2023 ('BNSS'), where the practice of photography and videography has now been made mandatory as part of the investigation. 33. This Court further noted that the procedure prescribed in NCB Handbook which has been adopted by the Delhi Police may be argued to be not binding, however, it cannot be denied that the same has been prescribed as the best and crucia....
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....y's response to Parliament, the National Crime Records Bureau had recorded that as on 31st December 2021, over 5,54,034 prisoners were lodged in jails against total capacity of 4,25,069 lakhs in the country20. Of these 122,852 were convicts; the rest 4,27,165 were undertrials. 23. The danger of unjust imprisonment, is that inmates are at risk of "prisonisation" a term described by the Kerala High Court in A Convict Prisoner v. State21 as "a radical transformation" whereby the prisoner: "loses his identity. He is known by a number. He loses personal possessions. He has no personal relationships. Psychological problems result from loss of freedom, status, possessions, dignity any autonomy of personal life. The inmate culture of prison turns out to be dreadful. The prisoner becomes hostile by ordinary standards. Self-perception changes." 24. There is a further danger of the prisoner turning to crime, "as crime not only turns admirable, but the more professional the crime, more honour is paid to the criminal"22 (also see Donald Clemmer's 'The Prison Community' published in 194023). Incarceration has further deleterious effects - where the accused belongs to the we....
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....Section 37 of the Act may ordinarily be attracted. However, in the absence of criminal antecedents and the fact that the petitioner is in custody for the last two and a half years, we are satisfied that the conditions of Section 37 of the Act can be dispensed with at this stage, more so when the trial is yet to commence though the charges have been framed." 42. A Coordinate Bench of this Court in Gurpreet Singh v State of NCT of Delhi 2024:DHC:796, considered the effect of delay and observed as under: "16. In addition to the above, only 2 (two) out of 22 witnesses have been examined by the prosecution, and that too partially, though more than three and a half years have passed since the arrest of the applicant. It may be true that the reason for the delay in the conclusion of the trial may be for various factors, may be not even attributable to the prosecution, like Covid 19 pandemic and restricted function of the Courts, however, as long as they are not attributable to the applicant/accused, in my view, the applicant would be entitled to protection of his liberty under Article 21 of the Constitution of India. Delay in trial would, therefore, be one of the consideration that wou....