The Delhi High Court has granted bail to a suspect in an NDPS case, noting that the word “Khad” cannot be understood to signify either drugs or illegal goods. This was seen in the case of PRATAP SINGH Vs. THE STATE (NCT OF DELHI) (BAIL APPLN. 2507/2022) and the case was presided over by HON’BLE MR. JUSTICE JASMEET SINGH.
FACTS OF THE CASE
Three kilograms of heroin are said to have been found on the accused Kapil and seven kilograms on the alleged supplier Uday in the case that the Special Cell reported in March 2021.
Based on Kapil’s disclosure statement and an intercepted call between them regarding a suspected narcotics deal, the accused Singh had been detained. The Petitioner argued that the intercepted conversation between Kapil and the applicant shows that they were talking about the supply of ‘Khad’ which cannot be solely interpreted to mean drugs/contraband. The applicant has clear antecedents and there is no other case pending against him the only material against the applicant is the disclosure statement of Kapil and the intercepted conversation which talks about ‘Khad.’
JUDGEMENT
The Court observed that as per Kapil’s disclosure statement and the fact that no recovery was made from him, the accused Singh was “primarily” apprehended.
The Court made it clear that the accused and Kapil were talking about the supply of ‘khad’ and that can not be intercepted as to only mean the supply of drugs.
“Further, admittedly, the applicant is running a shop of fertilizer at Barabanki, UP. The intercepted conversation between Kapil and the applicant shows that they were talking about a supply of ‘Khad’ which cannot be solely interpreted to mean drugs/contraband,” said the court.
The Court further stated that the accused is in the occupation of fertilizers and he has good reasons to use the word ‘Khad’ which is neither unreasonable nor unusual.
The Court granted bail to the accused and made prima facie observations that it is of the view that the accused is not likely to commit any offense on bail.
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JUDGEMENT REVIEWED BY ABHINAV SHUKLA
