Delhi High Court Denies Bail to Afghan National Involved in Drug Trafficking
Bail application dismissed under stringent NDPS Act provisions due to high risk of absconding and failure to meet legal conditions.
In a significant ruling, the Delhi High Court has rejected the bail application of Afghan national Naqibullah Rodaie, accused in a major drug trafficking case involving the recovery of 905 grams of heroin. The court's decision was based on the failure to meet the stringent conditions outlined under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which governs bail for offences involving commercial quantities of narcotics.
Presiding Judge, Ms. Neena Bansal Krishna, underscored the gravity of the offence, noting the applicant's involvement in a dangerous international drug syndicate and the substantial risk of absconding. The court emphasized that the recovery of heroin, concealed within the bodies of Rodaie and his co-accused Ghazi Barakzai, highlights the severe threat posed by drug trafficking to societal health and security.
The bail application was dismissed following arguments from the applicant's counsel, who claimed procedural lapses in the investigation, including violations under Section 50 of the NDPS Act and Section 103 of the Customs Act. However, the court determined that these issues were matters for trial and not grounds for bail. The prosecution, represented by Senior Standing Counsel Ms. Anushree Narain, argued against the bail, citing the commercial quantity involved and the applicant's status as a foreign national with no ties to India, which increases the risk of fleeing justice.
Despite the applicant having been in custody since January 2021 and the slow pace of the trial, the court ruled that societal interests and the legislative intent behind Section 37 of the NDPS Act must prevail. The court also referenced several Supreme Court judgments underscoring the rigorous standards for bail in such cases.
The judgment reaffirms the court's stance on prioritizing societal safety over individual liberty in cases of drug trafficking, where the potential harm to public health and security is profound. The dismissal of the bail application serves as a stern reminder of the legal system's commitment to combating drug-related offences and ensuring offenders are held accountable.
Bottom Line:
Bail application under NDPS Act - Dismissal due to failure to meet twin conditions under Section 37 NDPS Act, 1985, and the substantial risk of absconding, especially for a foreign national involved in drug trafficking.
Statutory provision(s): Narcotic Drugs and Psychotropic Substances Act, 1985, Section 37; Customs Act, 1962, Section 102; Bharatiya Nagarik Suraksha Sanhita, 2023, Section 483; NDPS Act Sections 21, 23, and 29; Customs Act, Section 103.
Naqibullah Rodaie v. Air Customs, IGI Airport, New Delhi, (Delhi) : Law Finder Doc Id # 2782188
