TaxTMI 
TaxTMI 
2025 (8) TMI 1790
X X X X Extracts X X X X
X X X X Extracts X X X X
....tances Act, 1985 ("NDPS Act"), registered at Police Station Inder Puri, West, Delhi. 2. Succinctly speaking, per FIR, the prosecution's case is that on 10.08.2022 at around 9:00 AM, ASI Karan Singh received a secret tip-off that one Vinay Sharma, a resident of Bihar, who allegedly supplies ganja in various areas of Delhi, would be arriving near Todapur Village Road between 10:00 and 10:30 AM for this purpose. Acting on the information, a raiding team comprising ASI Karan Singh, HC Vijay, HC Lekhraj, and the secret informer, all in civil attire, departed from the Narcotics Squad office and arrived the specified location at approximately 10:10 AM. Around 10:20 AM, an auto arrived from which a man alighted carrying a white bag in his hand a....
X X X X Extracts X X X X
X X X X Extracts X X X X
....as against the 250-gram limit), particularly because the petitioner was a first-time offender. It is submitted that the same principle applies here as well. 4.2 Further, counsel contends that the recovery in this case lacks any videographic or photographic documentation, even though the petitioner was apprehended in a public place and the raiding team had access to mobile phones and other technological means. He argues that such an omission raises serious doubts about the genuineness of the recovery process. Reliance is placed on Bantu vs. State Govt. of NCT of Delhi, 2024 SCC OnLine Del 4671 (Bail Application No. 2287/2022, decided on 08.07.2024), where this Court emphasized the necessity of videography in drug recoveries and referred t....
X X X X Extracts X X X X
X X X X Extracts X X X X
....n custody in a case involving similar recovery. He also cites Najir Hussain vs. State NCT of Delhi, 2025 SCC OnLine Del 1801 (Bail Application No. 3810/2024, decided on 25.03.2025), where coordinate benches granted bail based solely on prolonged custody, even in cases involving larger recoveries. 4.5 He relies on Man Mandal & Anr. vs. The State of West Bengal, 2023 SCC OnLine SC 1868 (Crl. SLP No. 8656/2023, decided on 14.09.2023), where the Supreme Court granted bail considering the prolonged incarceration and slim prospects of the trial concluding soon. 4.6 Lastly, it is submitted that the applicant was previously granted interim bail by the learned Trial Court vide order dated 24.10.2024, and surrendered without breaching any condi....
X X X X Extracts X X X X
X X X X Extracts X X X X
....rogress of the trial has been exceptionally slow, with only 3 out of 18 prosecution witnesses examined so far. This prolonged pretrial detention, combined with the sluggish pace of proceedings, are contributory factors in favour of granting bail-particularly when similarly situated undertrials have been granted bail by this Court in comparable circumstances in the cases cited by learned counsel for the applicant. 7. Moreover, the quantity of Ganja allegedly recovered from the applicant is only marginally above the threshold of commercial quantity under the NDPS Act. The commercial quantity for Ganja is 20 kilograms, whereas the alleged recovery in the present case is 21.508 kilograms. In such a scenario, the strict application of the rig....