01Facts
FIR No. 19/2026 was registered under Sections 22, 25 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”), after police recovered approximately 32 kg of Alprazolam tablets and related materials from co-accused Rajeev Sharma and Shamim.
p. 2 · ¶ 1, 2.2–2.3During the investigation, co-accused allegedly stated that they had procured printed aluminium foil from the petitioner, who said he was in the packaging-material business; no contraband was recovered from him or his premises.
pp. 2–3 · ¶ 2.4, 5 · p. 4 · ¶ 7–8The petitioner’s earlier anticipatory-bail application had been dismissed by the Special Judge.
p. 2 · ¶ 2.5He sought anticipatory bail in the present application under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (“BNSS”).
p. 1 · ¶ 102Issues
i.Whether the petitioner was entitled to anticipatory bail in the absence of recovery from him, where his alleged involvement was based on co-accused disclosures and call-detail records.
pp. 3–4 · ¶ 7–11ii.Whether the rigours of Section 37 of the NDPS Act barred the grant of anticipatory bail in the circumstances of the case.
p. 4 · ¶ 1203Law Applied
Section 482 of the BNSS provides the procedural basis for seeking anticipatory bail.
p. 1 · ¶ 1The alleged offences were under Sections 22, 25 and 29 of the NDPS Act, and the Court considered the restrictions in Section 37 of that Act when assessing the application.
p. 1, 4 · ¶ 1, 12The Court treated the absence of recovery from the petitioner, the nature of the material linking him to the alleged offence, his antecedents, and his participation in the investigation as relevant to whether anticipatory bail could be granted.
pp. 4–5 · ¶ 7–14No judicial precedent is cited in the judgment.
Provisions in the judgment · 5 · Linked ones open on LawLens
Bharatiya Nagarik Suraksha Sanhita, 2023 Section 482
Narcotic Drugs and Psychotropic Substances Act, 1985 Section 22Section 25Section 29Section 37
04Reasoning
The Court noted that the petitioner was implicated through co-accused disclosures and that, although the State relied on call-detail records showing contact with co-accused, the Court considered that fact insufficient by itself to incriminate him.
p. 4 · ¶ 8–9It emphasized that no contraband had been recovered from the petitioner, at his instance, or from his premises, and found no material on record sufficient to establish his direct involvement with the total quantity seized.
p. 4 · ¶ 7–8, 11–12The Court also took account of the petitioner’s clean antecedents, his having joined the investigation, and the grant of anticipatory bail to a co-accused from whom no recovery had been made.
pp. 4–5 · ¶ 10, 13–14On those facts, it concluded that Section 37’s restrictions did not prevent the grant of relief.
p. 4 · ¶ 1205Holding
The Court allowed the application and granted the petitioner anticipatory bail in FIR No. 19/2026.
pp. 4–5 · ¶ 15, 17In the event of arrest, he was to be released on a bond of ₹50,000 with one surety for the like amount, subject to conditions including remaining at his stated address without prior court permission to leave, surrendering his passport if any, joining the investigation when called, keeping his mobile numbers operational, and refraining from criminal activity, contacting prosecution witnesses, or tampering with evidence.
p. 5 · ¶ 16The pending applications were disposed of, and the Court clarified that its observations were tentative.
p. 5 · ¶ 18–19Original Court PDF
Abhishek @ Abhishek DhimanvsState Of Nct Of Delhi
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