The Delhi High Court recently granted bail to a person accused of drug smuggling, as the police had recovered drugs from the accused, while he did not have an independent government witness nor was his photography or videography. The police had allegedly recovered 12 kg of hash (charas) brought from Nepal from him and filed an FIR under sections of the NDPS Act. Justice Amit Mahajan granted bail to the accused Wahid Ahmed, as the recovery of the drug was not done in the absence of an independent government witness nor his photography or videography.
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Justice Mahajan said that efforts made by the prosecution in the presence of independent witnesses to search or explain photography or videography, if any, will be tested during the trial. Justice Mahajan said in the order passed on May 19 that however, it cannot be fatal to the prosecution case. At this stage, the accused cannot be denied profit. The High Court also expressed concern over the delay in the trial and said that it is relevant to note that the applicant has been in custody since August 9, 2021.
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Despite the applicant being detained for more than 3 years and more than 9 months, only 4 of the 14 prosecution witnesses have been examined so far. The accused sought bail on the basis of independent witnesses not being involved and delay in the trial. It was argued that photography or videography deficiency to support the seizures raises doubts on the prosecution case. Giving bail to the accused, the High Court said, “Undoubtedly, the recovery in the current case was done near a market in the crowded and busy area at 5:30 pm. The secret information was obviously found around 2:30 pm. Despite the sufficient time for preparation, the prosecution did not include the witnesses nor took any photo to confirm the recovery.
