In this second regular bail application filed under Section 439 of the Code of Criminal Procedure (or corresponding provisions) in connection with Case No. VIII/36/DZU/2024 registered by the Narcotics Control Bureau (NCB) for offenses punishable under Sections 8, 21, 23, 25, 27A, and 29 of the NDPS Act, the applicant Amrik Singh Bedi sought enlargement on regular bail. The prosecution alleged that the applicant was part of an international drug trafficking network, having travelled to Dubai and subsequently visiting a factory in Mehsana, Gujarat, on March 22, 2024, to locate and facilitate access to a commercial consignment of cocaine using an Apple AirTag, which was later linked to a massive recovery of over 81 kilograms of cocaine. Justice Purushaindra Kumar Kaurav dismissed the application, holding that the applicant failed to satisfy the stringent twin conditions under Section 37 of the NDPS Act. The Court ruled that cumulative circumstantial evidence—including CDR data, tower locations, flight records, and statements from co-accused and witnesses—prima facie established his complicity in the wider conspiracy, and that the absence of a direct personal recovery or the length of incarceration did not displace the statutory bar against granting bail.
Background and Prosecution Case
- Secret Information and Seizures: The NCB intercepted 1.015 kg of cocaine in a parcel destined for Australia on November 11, 2024. Subsequent investigations led to the apprehension of co-accused drivers and the recovery of 81.515 kg of cocaine from the residence of co-accused Avadhesh Yadav @ Gopi on November 14, 2024.
- Role Attributed to Applicant: The applicant was accused of travelling to Dubai to meet foreign mastermind Pawan Thakur @ Pinchu, and subsequently visiting a factory in Mehsana, Gujarat, on March 22, 2024, where he introduced himself as “Bobby Walia” to locate a flagged drug consignment. He was arrested on December 9, 2024.
Key Contentions of the Applicant
- Absence of Direct Recovery: The applicant argued that no contraband was recovered from him or at his instance, and he was not involved in the actual storage, transportation, or possession of the drugs.
- Flawed Electronic Evidence & Witnesses: It was contended that the SIM card cited for communications was activated much later in October 2024, that the alleged AirTag was never recovered, and that witness statements (such as Mahesh Sharma and Gurbani Talwar) did not reliably incriminate him.
- Parity and Custody: The applicant sought parity with co-accused Rishi Sachdeva and Lokesh Chopra who had been granted bail, highlighting his clean antecedents and prolonged custody.
Court’s Analysis and Findings
- Applicability of Section 37 (NDPS Act): Reaffirming Supreme Court precedents (Balraj Singh @ Billa, Harpreet Singh Talwar), the Court held that the absence of direct personal recovery from an accused does not exclude the rigours of Section 37 in cases involving commercial quantities and broader conspiracies under Section 29.
- Cumulative Circumstantial Linkages: The Court evaluated the material cumulatively—excluding any confessional statements under Section 67 pursuant to Tofan Singh—and found that flight itineraries, Call Detail Records (CDRs), tower locations, and witness accounts prima facie connected the applicant’s Gujarat visit to the movement chain of the recovered contraband.
- Rejection of Parity: The Court distinguished the applicant’s case from co-accused granted bail, noting that the prosecution’s case against the applicant was supported by independent witness statements regarding his factory visit under a false identity.
- Societal Impact & Incarceration: Emphasizing that drug trafficking poses a severe threat to public health and national interest, the Court ruled that the period of custody (approx. one year and eight months minus interim bail) did not warrant bail when statutory requirements under Section 37 remained unfulfilled.
Final Outcome
- Bail Application Dismissed: Finding no reasonable grounds to believe the applicant was not guilty, the second regular bail application was dismissed.
