Tampering Sealed Packets, Fabricated Records Lead to Bail in NDPS Case: Patiala House Court

Date:

In a significant development in an NDPS case, the Patiala House Court has granted bail to an accused in the seizure of 677 grams of Ketamine, a commercial quantity under the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The case hinged on alleged tampering of sealed packets and fabrication of records by the Narcotics Control Bureau (NCB).

The defense, led by M.S. Arora, a retired Principal Commissioner, faced considerable hurdles in accessing crucial video evidence. The videos, which formed part of the chargesheet, were not initially provided to the accused. It required persistent efforts to secure these materials, which ultimately played a pivotal role in exposing inconsistencies in the case.

Recognizing the gravity of these irregularities, the bench of Sudhir Kumar Sirohi (DHJS) accepted the defense arguments and granted bail to the accused. The ruling underscores the importance of maintaining procedural integrity in NDPS cases, where strict adherence to legal protocols is essential.

The accused was arrested and chargesheeted for allegedly booking a consignment of Ketamine concealed in six small lady purses through a courier service in Jaipur. The consignment was intercepted at the DHL premises in New Delhi, leading to the initiation of legal proceedings under the NDPS Act.

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Crucial Discrepancies Unveiled

During the bail proceedings, the defense presented compelling evidence that cast doubt on the prosecution’s case. The primary arguments revolved around discrepancies in the packaging and procedural lapses by the NCB:

Tampered Packaging – The video footage of the consignment booking at Jaipur was compared with the video of the seizure at DHL’s New Delhi premises. While the lady purses in both videos appeared identical, the packaging differed significantly. This discrepancy raised serious concerns about possible tampering with the evidence.

Fabrication of Arrest Records – The court was informed that although the accused was apprehended on September 17, 2023, and a co-accused on September 19, 2023, the Malkhana register and the crime report, signed by an NCB Superintendent, falsely recorded their arrests as having taken place on September 15, 2023—the very date of the recovery in Delhi. This contradiction suggested that records were manipulated to align with the prosecution’s narrative.

Case Details

Case Title: NCB Vs. Pradeep Singh Rajpurohit

Case No.: SC No. 110/2024 Crime No. VIII/47/DZU/2023

Date: 01.04.2025

Counsel For Applicant: M. S. Arora

Counsel For Respondent: Mukesh Malik

Mariya Paliwala
Mariya Paliwalahttps://www.jurishour.in/
Mariya is the Senior Editor at JurisHour. She has 5+ years of experience on covering tax litigation stories from the Supreme Court, High Courts and various tribunals including CESTAT, ITAT, NCLAT, NCLT, etc. Mariya graduated from MLSU Law College, Udaipur (Raj.) with B.A.LL.B. and also holds an LL.M. She started as a freelance tax reporter in the leading online legal news companies like LiveLaw & Taxscan.

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