The Delhi High Court has dismissed the bail application filed by a doctor accused of being a part of well organised drug syndicate on whose statement more than 4 kg heroin worth Rs 28 crore approximately was recovered. (Allah Noor Vs Narcotics Control Bureau)
The case was registered against him for the offences under Sections 8(A)/21(C)/23(C)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
The Delhi High Court noted that, “The quantity of heroin and and cocaine recovered in the instant case is commercial quantity. It is well settled that the jurisdiction of a Court to grant bail for offences under the NDPS Act in cases of recovery or commercial quantity is circumscribed by the provisions of Section 37 of the NDPS Act.”
Further, upon perusal of Section 37 NDPS Act, Justice Subramonium Prasad said, “It indicates that bail can be granted only when there are reasonable grounds for believing that the accused is not guilty of an offence and he is not likely to commit any offence when released on bail.”
The Court has further stated that the parameters for grant of bail to an accused under Section 37 of the NDPS Act have been laid down in a number of Judgments, cited the Supreme Court judgment in case of Collector of Customs Vs Ahmadalieva Nodira reported as (2004) 3 SCC 549, In Case of Union of India Vs Rattan Mallik (2009)2 SCC 624, In State of Kerala & Ors Vs Rajesh & Ors (2020) 12 SCC 122.
The High Court said that applying the law laid down by the Supreme Court to the present case, the material on record, at this juncture, shows the involvement of the petitioner as a part of drug syndicate.
“Heroin was concealed in capsules ingested by persons. It shows that the operation was extremely well planned. A total of 770 grams of heroin was recovered on 20.08.2019 from Noorzai Gul Amin, 220 Grams of cocaine was recovered on 19.12.2019 from House No. 1238, Islampur Village, Sector-38, Gurugram and 3.4 Kg of heroin was recovered on 22.08.2019 from House No. A-27, Ist Floor, Anand Vihar on the basis of the disclosure statement of the petitioner. Photographs of the heroin and chats between different other accused was found from the mobile phone of petitioner which demonstrates the complicity of the petitioner in the crime. The well organised operations of this syndicate shows the possibility of the petitioner indulging the in the same activity again if he is released on bail,” it noted while dismissing the bail application.
In the present case, the one Noorzai Gul Amin had allegedly swallowed 119 capsules containing heroin (770 gm) before arriving at Terminal 3, IGI Airport where he was identified and intersected with the help of a Secret Informant. He was taken to Safdarjung Hospital, where the doctor on duty confirmed the presence of foreign bodies in Amin’s stomach.
In his voluntary statement, Amin revealed that he had to hand-over the capsules to one person called ‘Doctor’ @ Allah Noor (Petitioner) about whom he does not know much.
Following which, the petitioner was apprehended from his house at 137, F-Block, 3rd Floor, Lajpat Nagar-I, New Delhi. A search was conducted at his house. In the search, a mobile phone and some other articles were recovered. Notice under Section 67 NDPS Act was issued to the petitioner herein. In his voluntary statement, the petitioner herein revealed that the capsules were to be supplied to one Chinonso Stanly Alex who is living with one Goddy and 2-3 other Nigerians at House No. A-27, 1st Floor, Anand Vihar.
Read the Judgment here;
ALLAH-NOOR-VS-NARCOTICS-CONTROL-BUREAU