Delhi High Court: ‘Clean and Tidy Record’ cannot Absolve Accused

Chaini Parwani –

Published On: October 25, 2021 at 10:00 IST

The Delhi High Court Rejected a Bail Application filed by a woman booked under the stringent Anti-Drug Law, observed that a “Clean and Tidy Track Record” cannot lead to the absolution of the Accused.

As per the Investigation, the Woman was found with 600 grams of Methamphetamine. 

The Bench of Justice Subramanium Prasad observed that a mercantile quantity of the contraband was confiscated from the woman.

Further Justice Subramanium Prasad noted that “As per records, she was part of a network which deals in supply/sale of narcotics.”

The Court stated that the woman’s declaration statement further led to the Arrest of two Nigerian men who had been residing in India on fake passports and that two men were Arrested for Acquiring Narcotics. 

Further the Court observed that “An uneducated person may claim no knowledge of the substance found in his or her possession and may raise a defence of the substance being planted on them, but being a highly educated person, there is greater presumption that carrying large quantities of narcotics is a Crime and that it would entail consequences in Law which could be harsh and irrevocable.”

The woman was taken into Custody in February 2018, when the police acquired a confidential tip that she would be travelling to Mumbai by train from Hazrat Nizamuddin station, carrying unauthorized contraband in her baggage.

Further the woman pleaded for Bail and argued that as she was held by police in a toilet inside the train and her bag was not there with her, the possibility of the bag being tampered with could not be ruled out.

Furthermore, the woman in her Defence claimed that she was an educated woman with no past Criminal record.

However, the Prosecutor denied the Bail and highlighted in the Court that the commercial quantity of the drug was kept fraudulently and seized from one of her baggage marked as ‘Baby carrier’.

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