Case Summary: Delhi HC’s Dismissal of Bail Application in Connection with Drug Transportation Case

A recent judgment by the Delhi High Court has seen the dismissal of a bail application in connection with a drug transportation case. The court’s decision comes following the arrest of Jagdeep Singh and the revelation of his alleged involvement in the supply of opium. Stay informed about the latest developments in this case as further investigations unfold.

Facts

  • Secret information received by Special Cell regarding drug transportation from Manipur to Delhi NCR and Punjab.
  • Arrest of applicant Jagdeep Singh on 10.05.2023.
  • Information received about Ranbir Singh and Loyangamba carrying drugs in a white Maruti Brezza Car.
  • Accused persons disclosed supplying 30 kgs of opium to the applicant Jagdeep Singh.
  • Raid conducted leading to recovery of 10 kg opium from each accused’s bag.

Arguments

  • The applicant is seeking regular bail in connection with the case.
  • The investigating agency has collected material connecting the applicant with co-accused persons from whom contraband was recovered.
  • The defense argues that no contraband has been recovered directly from the applicant, and the prosecution needs independent corroborative evidence.
  • The applicant’s counsel asserts that there is no material connecting the applicant to the contraband recovered from co-accused, thus Section 37 of the NDPS Act does not apply.
  • It is claimed that 30 kgs of opium was intended to be supplied to the applicant.
  • The defense contends that the investigating agency lacks sufficient evidence to link the applicant to the alleged contraband transactions.

Analysis

  • Intercepted calls between applicant Jagdeep Singh and co-accused Kawaldeep discussing amounts and tools for opening secret cavity of the car where opium was hidden
  • Mobile phone location analysis showing co-accused residents from Imphal in Amritsar on the same day
  • Revealed active involvement of applicant in receiving opium from co-accused in the past through financial transactions and intercepted calls
  • Application under Section 52A of NDPS Act filed for withdrawal of samples confirming recovered substance as opium
  • Disclosure by co-accused that 50 kg opium obtained from Kawaldeep, 30 kg meant for present applicant, and previous supply of 21 kg opium
  • Financial transactions between applicant and co-accused along with corroborative material like call detail records and intercepted calls
  • Disclosure by applicant of selling 5 kg opium to Kanwarbir Singh with collected evidence including call detail records
  • Sufficient prima facie evidence connecting applicant with co-accused and recovery of contraband
  • Arrest of co-accused while trying to flee the country leading to dismissal of anticipatory bail application
  • The plea of grant of anticipatory bail was declined by the Hon’ble Apex Court.
  • Co-accused Kanwarbir Singh was granted two weeks time to surrender.
  • Recovery of commercial quantity of opium
  • Section 37 of NDPS Act applicable
  • Charges are yet to be framed
  • Material witnesses are yet to be examined
  • No grounds for granting regular bail

Decision

  • Nothing expressed hereinabove shall tantamount to an expression of opinion on merits of the case.
  • The judgment be uploaded on the website forthwith.
  • Accordingly, the bail application is dismissed.

Case Title: JAGDEEP SINGH Vs. STATE GOVT OF NCT OF DELHI & ANR. (2024:DHC:4489)

Case Number: BAIL APPLN.-340/2024

Click here to read/download original judgement

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