The Delhi High Court has granted interim bail to an accused, facing prosecution under the NDPS Act (Narcotic Drugs and Psychotropic Substances Act) and other cases, to attend the last rites of his sister-in-law.
He has been granted interim relief on a personal bail bond of Rs 15,000 with several other conditions.
The Counsel for the petitioner submitted that most of the cases pertain to the allegation of theft and/or house-trespass, but nothing has been proven and he has unfairly been given a bad name and the petitioner has not been convicted in any case and indeed, he has been acquitted in most of the cases.
Presently, he is required in three cases and he has never breached any liberty granted to him. This is the only case in which he has been prosecuted under the NDPS Act.
Justice Nazmi Waziri while granting interim relief to accused Shaikh Saffijul stated, “Apart from mentioning that the petitioner is involved in 27 cases for the past two decades, the Investigating Officer has not shown any conviction against him.”
“Therefore, a reference to such unproved baggage of the past, cannot be of any consequence for grant of bail in the exigent circumstance of attending to the last rites of a family member. Nothing is on record to show that the petitioner has misused any liberty granted to him by a court,” said the Justice.
“Besides, as the Forensic Science Laboratory (FSL) report is awaited, the allegation that the substance recovered from the petitioner was contraband of 23 gm is not established, for the past over one year that he has been in incarceration. In the circumstances, the petitioner is granted bail till the next date of hearing,” he added further.
The Court has also directed the accused/petitioner to keep his telephone on at all times and shall intimate the Investigating Officer about his whereabouts by telephone call or SMS once a day till the next date of hearing.
Since the country is under lockdown imposed to contain coronavirus, the petitioner is not expected to step out of his residential area and shall, therefore, not step out of the jurisdiction of the concerned police station without prior information to the SHO concerned, the court added.