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“There is no medical evidence on record to show that accused is a drug addict- Delhi HC grants bail to accused under NDPS.”

Delhi High Court has granted bail to a person accused under sections 20 and 29 of the Narcotic Drug and Psychotropic Substances Act by noting that the prosecution failed to show any medical evidence to support its narrative that the accused is a drug addict.

The Single Bench of Justice Vibhu Bakhru, while granting the bail, further observed that there are reasonable grounds to believe that the accused might be guiltless of offences that he is charged with. NCB heavily relied upon the voluntarily statements of the accused under Section 67 of the NDPS Act. Nonetheless, the court took note of the issue of whether statements made under section 67 of the NDPS Act are admissible evidences, while referring to the landmark judgement of “Tofan Singh v. State of Tamil Nadu.– “Self-incriminating reports made under section 67 are permitted as evidence, even though they are weak”.

The court stated that, there are reasonable grounds to believe that the petitioner may be innocent. The petitioner is not involved in any other criminal case and there is no reason to believe that he would commit a similar crime, if released.  The court also clarified that the matters in this order are prima facie.

 

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