New Delhi: The Delhi High Court has granted bail to a man who was arrested by the Crime Branch in connection with an alleged international drug syndicate.
A single-judge Bench of Justice Girish Kathpalia noted that only 871 grams of ganja were recovered directly from the applicant, Abdul Malik alias Parvez. “The only incriminating evidence against the accused/applicant is the recovery of 871 grams of ganja, which is a small quantity and possession whereof is a bailable offence,” Justice Kathpalia said.
The matter dates back to January last year, when the Crime Branch seized four parcels at the Foreign Post Office (FPO) containing 5.137 kilograms of ganja. The charge sheet pointed out that there was only a “possibility” that Malik was linked to the parcels through the mobile numbers mentioned on them.
In the judgement on Friday, Justice Kathpalia said that the SIM card in question was issued to another person and was activated in the applicant’s phone weeks after the parcels of the contraband were intercepted.
The Delhi High Court also rejected the prosecution’s reliance on circumstantial evidence, including Malik’s phone location data in Lajpat Nagar and New Friends Colony, the areas where the parcels were meant to be delivered.
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“Merely because of his presence in the area of the contraband, detected on the basis of his mobile phone location, his connection with the alleged transaction cannot be inferred,” Justice Kathpalia observed, adding that a mobile phone tower covers “hundreds of persons present in the area”.
Another prosecutor’s argument that the ganja allegedly recovered from the applicant was visually similar to the FPO parcels and of “American” origin was rejected.
“I am unable to accept the argument that, merely on the basis of visual observations of the IO (Investigation Officer), the ganja allegedly recovered from the accused/applicant can be said to be qualitatively similar to the ganja allegedly found in those four parcels and therefore the present accused/applicant can be connected with the latter. Admittedly, there is no forensic report in that regard,” observed Justice Kathpalia.
He further said, “The NDPS (Narcotic Drugs and Psychotropic Substances) Act does not make any distinction between Indian ganja and American ganja.”
Granting bail to the applicant, the Delhi High Court directed his release on regular bail on a personal bond of Rs 10,000 with one surety of the like amount to the satisfaction of the trial court. A co-accused in the case, Mayank Nayyar, was granted bail earlier this month.
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