Vinay Sharma Vs State Govt. of NCT of Delhi (Delhi High Court)
Delhi High Court held that strict application of rigours of Section 37 of Narcotic Drugs and Psychotropic Substances Act, 1985 [NDPS Act] not justified since quantity of Ganja recovered is marginally above threshold of commercial quantity under NDPS Act. Accordingly, bail application allowed.
Facts- On 10.08.2022 at around 9:00 AM, ASI Karan Singh received a secret tip-off that one Vinay Sharma, a resident of Bihar, who allegedly supplies ganja in various areas of Delhi, would be arriving near Todapur Village Road between 10:00 and 10:30 AM for this purpose. Acting on the information, a raiding team arrived at the specified location. Around 10:20 AM, an auto arrived from which a man alighted carrying a white bag in his hand and a black bag on his shoulder; the secret informer identified him as the applicant. A personal search of the applicant yielded no incriminating material; however, a search of the white bag revealed two packets containing a total of 21.508 kg of ganja.
Claiming himself to be falsely implicated, the applicant herein is before this Court seeking bail for alleged offences committed u/s. 20 of Narcotic Drugs and Psychotropic Substances Act, 1985 registered at Police Station Inder Puri, West, Delhi.
