The Delhi High Court has refused the bail to the person accused of carrying a commercial quantity of cocaine from abroad to India on the ground that the Directorate of Revenue intelligence (DRI) collected overwhelming evidence against the accused.
The bench of Justice Neena Bansal Krishna has observed that there are serious charges of carrying commercial quantities of Cocaine from abroad to India for handing over to the third persons, as a part of the International Drug Syndicate.
The Directorate of Revenue Intelligence (DRI ) has received information that Mr. Som Dutt Sharma (Applicant) holding an Indian Passport would be arriving at Tribunal-3, Indira Gandhi Airport (IGI Airport), New Delhi by Ethiopian Airlines Flight from Accra (ACC), Ghana to Addis Ababa (ADD), would be arriving at New Delhi at 08:10 hrs on 19.09.2023 and that he has concealed some Narcotics Drugs/Psychotropic substances in his baggage or on his person.
A team of DRI officers reached the IGI Airport, New Delhi and in the morning of 19.09.2023, the Applicant was intercepted near the Exit gate of Customs Arrival Hall by the DRI officers in the presence of the Independent witnesses. The Applicant was escorted to Custom’s Room situated at Customs Arrival Hall of the T-3, IGI Airport and was asked if he was carrying any kind of Narcotic Drugs/psychotropic substances as his activities seemed suspicious, to which he replied in negative.
At the time of interception, Mr. Som Dutt, the Applicant was found to be carrying black colour back pack bag and two checked-in baggage i.e. one green colour Trolley bag having marking “KAMILIANT” and second brown colour trolley bag wrapped with transparent colour polythene sheet with a marking “SARAFOU” and baggage tag. He was asked to get his BackPack and two checked-in baggage scanned through X-Ray inspection Machine.
Nothing suspicious could be noticed in the Back Pack and the green Trolley bag, but some suspected/suspicious images were noticed in the brown Trolley bag. The Applicant was asked to pass through the Door Frame Metal Detector (DFMD), but no beep sound was heard.
On his personal search and search of Back Pack, $1041 along with personal documents and personal belongings were found. The relevant documents were retained while the originals were returned to the Applicant.
On opening of the brown colour trolley bag, it was found to contain clothes. On removal of the clothes, trolley bag was found to be heavier than usual. It was found to have a black colour hard plastic sheet affixed with the help of screws on the four wall-sides of the lower portion of the trolley bag.
For further examination, the plastic sheet was removed and upon cutting the plastic sheet, it was found to contain white colour powdery substance. It was taken out from the Trolley bag and was kept in transparent plastic polythene. Thereafter, Weighment of the transparent plastic polythene marked as “A” containing white colour powdery substance, was conducted in the presence of witnesses and the said passenger and the gross weight of the recovered white colour powder was found to be 1650 grams.
Thereafter, a match-head quantity of white colour powdery substance was tested with the help of the Field Drug Detection Kit brought by the DRI officers, in the presence of witnesses and the Applicant. The powder gave positive result for the presence of „Cocaine‟ in the substance. The plastic polythene containing the powder was thus seized under N.D.P.S. Act, 1985. The Panchnama proceedings were drawn.
The applicant filed the bail application contending that he was apprehended and due investigations were conducted by the DRI Officials. Charge-Sheet was filed in the Court and the Charges have also been framed against the Applicant. The Applicant asserted that he has been falsely implicated as there is no substantive evidence to link him with the alleged offence. He has no criminal antecedents and has never been involved in any unlawful activity and always led a life of integrity.
The applicant submitted that he is a 63 year old senior citizen suffering from various ailments despite which he was manhandled by the DRI Officials at the Airport and has been falsely implicated.
The court noted that the applicant has been arrested on 28.09.2023 and since then, the Charge-Sheet has already been filed and the Charges have been framed on 02.08.2024. The evidence of the Prosecution is being recorded and on the last date of hearing adjournment was sought by Counsel for the Applicant before Spl. Judge, NDPS contributing to the delay. However, the Matter is fixed for Prosecution evidence on 20.03.2025. At this stage, it cannot be said that there is a delay of any nature, which would entitle the Applicant to Bail.
The court held that there is no ground for grant of Bail and the Bail of the Applicant is, therefore, rejected.
Case Details
Case Title: Som Dutt Sharma Versus DRI
Case No.: BAIL APPLN. 4790/2024
Date: 5/03/2025
Counsel For Applicant: A.K. Mishra
Counsel For Respondent: Satish Aggarwal
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