Manu Khosla Vs Directorate of Revenue Intelligence (Delhi High Court)
Delhi High Court granted bail as prolonged incarceration of a person overrides the statutory restriction contained in Section 37(1)(b)(ii) of the Narcotics Drugs and Psychotropic Substances Act, 1985 (NDPS Act).
Facts- On 15.04.2013, on the basis of specific information, the officers of the DRI intercepted a green colored three-wheeler Mahindra Champion luggage carrier. The vehicle was occupied by Mr. Babloo Ram and Mr. Anil Kumar, who was running a courier company in the name of M/s Cruze Courier. A search of the said vehicle resulted in the recovery of a white colored crystalline substance, suspected to be ‘Methaqualone’, weighing 272.800 kg, packed in 11 white colored duly stitched HDPE bags.
During further investigation, 33.450 kg of white crystalline substance suspected to be ‘Methaqualone’ was recovered and seized from the Office premises of Mr. Manu Khosla (the applicant), M/s Magic Vibration India Pvt. Ltd. and 951.350 kg. of white crystalline substance suspected to be ‘Methaqualone’ was recovered and seized from a white colored Toyota Fortuner car having registration owned by one Mr. Amit Kumar and his wife, Ms. Nupur Singh. 1257.600 kg of the substance has been recovered and seized from the possession of the present applicant and his co-accused, i.e., Anil Kumar and Amit Kumar.
A complaint for commission of offences under sections 22, 27A, 29 and 30 of the NDPS Act was filed by the DRI on 06.09.2014 against the present applicant and co-accused, Anil Kumar and Amit Kumar Singh.
Conclusion- In Special Leave to Appeal (Crl.) 4169/2023 titled Rabi Prakash v. The State of Orissa, the Hon’ble Supreme Court held that prolonged incarceration of a person overrides the statutory restriction contained in Section 37(1)(b)(ii) of the NDPS Act.
As per the nominal roll dated 27.07.2023 received from Superintendent of Prison, Central Jail No.8/9, Tihar, New Delhi, the present applicant has been in custody for 3 years and 10 months. Out of the forty-two witnesses cited by the prosecution, so far twenty have been examined. Sh. Ashok Kumar (PW-6), who was the seizing officer of the recovery from the office premises of the present applicant, is not traceable for last five years. The applicant has been released on interim bail by the order of this Court on various occasions and has not misused the liberty granted to him and has duly surrendered in time.
FULL TEXT OF THE JUDGMENT/ORDER OF DELHI HIGH COURT
1. The present application under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (‘CrPC’) has been filed on behalf of the applicant seeking regular bail in case SC No. 7256/2016, arising out of a complaint filed by the Directorate of Revenue Intelligence (hereinafter referred to as ‘DRI’) for offences under sections 22(c), 29 and 30 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as ‘NDPS Act’).
2. Briefly stated, the facts relevant for adjudication of the present application are as under:
i. On 15.04.2013, on the basis of specific information, the officers of the DRI intercepted a green colored three-wheeler Mahindra Champion luggage carrier, having registration number DL 1 LN 7074, near the red light of Sir Ganga Ram Hospital, Shankar Road, New Delhi. The vehicle was occupied by Mr. Babloo Ram and Mr. Anil Kumar, who was running a courier company in the name of M/s Cruze Courier at House No. 374 (basement), Sant Nagar, East of Kailash, New Delhi. A search of the said vehicle resulted in the recovery of a white colored crystalline substance, suspected to be ‘Methaqualone’, weighing 272.800 kg, packed in 11 white colored duly stitched HDPE bags.
ii. During further investigation, 33.450 kg of white crystalline substance suspected to be ‘Methaqualone’ was recovered and seized from the Office premises of Mr. Manu Khosla (the applicant), M/s Magic Vibration India Pvt. Ltd., situated at 611, 6th floor, Pragati Tower, Rajendra Place, New Delhi and 951.350 kg. of white crystalline substance suspected to be ‘Methaqualone’ was recovered and seized from a white colored Toyota Fortuner car having registration No. DL 13 CA 1800, owned by one Mr. Amit Kumar and his wife, Ms. Nupur Singh.
iii. It is alleged that in total, 1257.600 kg of the substance has been recovered and seized from the possession of the present applicant and his co-accused, i.e., Anil Kumar and Amit Kumar.
iv. As per the reports of Central Revenue Control Laboratory, New Delhi and the Central Forensic Science Laboratory, New Delhi, the details of the recoveries effected are as under:
