Delhi HC grants bail to Afghani National in drugs case where prosecution relied upon disclosure statement of main accused and unverified chats
Justice Amit Mahajan [02-05-2024]

Read Order: SULIAMAN AGHA SAIHOON v. NARCOTICS CONTROL BUREAU [DEL HC- BAIL APPLN. 320/2024]

LE Correspondent

New Delhi, June 17, 2024: Considering the fact that the prosecution’s case pertaining to the NDPS Act was based upon disclosure statement of the main accused and some unverified chats between the applicant, who is an Afghan national, and the main accused, the Delhi High Court has granted the applicant bail subject to his furnishing a personal bond for a sum of Rs 1 lakh.

It was alleged that on 05.11.2020, on the basis of secret information, accused Ahmad Jan Sediqi was intercepted when he was coming with his mother from Kabul, Afghanistan at the IGI Airport. It was also alleged that accused Ahmad admitted that he had swallowed 87 capsules, however, his mother was not aware of the same.

On reaching hospital, the NCB team was informed that the accused Ahmad had passed out the capsules containing Heroin through stool, the weight of which was found to be 918 grams. The accused had also stated in his disclosure statement that he had come to India to deliver the contraband to an Afghani national in Lajpat Nagar. On the basis of the disclosure statement of accused Ahmad, the NCB team conducted a search at the house of the applicant. A recovery of 30 grams of Charas, 10 grams of Heroin, 5 grams of Cocaine and 25 grams of Ephedrine was made from there.

Pursuant to the same, the applicant was arrested. The applicant had approached the Delhi High Court by filing an application under Section 439 of the Code of Criminal Procedure, 1973 for grant of regular bail in the case registered under Sections 8, 21(c), 23(c), 9A/25A and 5n29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS’).

The Single-Judge Bench of Justice Amit Mahajan noted that the case of the prosecution was essentially based upon the disclosure statement of the accused Ahmad and some unverified chats that allegedly established that the applicant was involved in illegal drug trafficking. 

Reference was made to the judgment in Tofan Singh v. State of Tamil Nadu [LQ/SC/2020/754] , where the Apex Court held that a disclosure statement made under Section 67 of the NDPS Act is impermissible as evidence without corroboration.

Noting that only 4 out of the 13 witnesses had been examined till now and speedy trial in such circumstances didnot seem to be a possibility, the Bench said, “The object of jail is to secure the appearance of the accused persons during the trial. The object is neither punitive nor preventive and the deprivation of liberty has been considered as a punishment without the guilt being proved. The applicant cannot be made to spend the entire period of trial in custody especially when the trial is likely to take considerable time.”

Considering the fact that the applicant is in custody since 11.11.2020 and he has clean antecedents the Bench opined that he is not likely to commit any offence whilst on bail, the High Court granted him bail. Noting that the applicant is a foreigner, the Bench directed him to be released on bail on furnishing a personal bond for a sum of Rs. 1,00,000 with two sureties.