Court emphasizes constitutional rights under Article 21 and procedural lapses in the seizure process.
In a significant development, the Delhi High Court has granted bail to Sarfaraj, an accused in a case under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. The decision, delivered by Justice Prateek Jalan, took into account the extended pre-trial incarceration of over three years and procedural lapses during the seizure process.
The petitioner, Sarfaraj, had been in custody for more than three years, facing charges related to the possession of a commercial quantity of contraband, specifically ganja, weighing over 20 kilograms. The bail application was filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail in connection with FIR No. 194/2023.
The court noted that the seizure of the contraband was not conducted in the presence of public witnesses nor documented through videography or photography. These procedural lapses, coupled with the prolonged incarceration, led the court to conclude that the restrictions under Section 37 of the NDPS Act should not defeat the constitutional guarantee under Article 21, which ensures the right to life and personal liberty.
The court highlighted previous judgments from the Supreme Court, emphasizing that prolonged pre-trial detention, even in cases with stringent bail conditions under special statutes, can violate constitutional rights. The absence of public witnesses and lack of photographic evidence were also crucial factors that created doubt about the prosecution's case at the bail stage.
Despite the prosecution's argument regarding the commercial quantity involved and the rigours of Section 37, the court assessed the situation holistically, ensuring that the applicant's constitutional protections were not rendered illusory. The court also considered the applicant's disability and prior acquittals in unrelated cases as factors supporting bail.
The bail was granted subject to specific conditions, including the requirement for Sarfaraj to furnish a bail bond of Rs. 50,000 with one surety, appear before the court on all hearing dates, and refrain from tampering with evidence or contacting prosecution witnesses. The court reiterated that the observations made were solely for the bail application and should not influence the trial's outcome.
This decision underscores the judiciary's commitment to safeguarding individual rights while balancing the interests of justice in cases involving stringent statutory provisions.
Bottom line:-
Bail granted to an accused under Section 37 of the NDPS Act after prolonged incarceration, considering constitutional rights under Article 21 and procedural lapses in the seizure process.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985 Section 37, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 483
Sarfaraj v. State (NCT of Delhi), (Delhi) : Law Finder Doc id # 2901941
