India News | 'Prosecution Failed to Establish Link': Delhi HC Grants Bail to Canadian National in Drugs Case

New Delhi, Nov 26 (PTI) The Delhi High Court has granted bail to a Canadian national, accused in a drugs case observing the prosecution failed to link him to the recovered contraband.

Justice Amit Mahajan said the prosecution did not demonstrate the active involvement of the accused in the alleged offence and observed the courts were not expected to accept every allegation of the prosecution as a "gospel truth".

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"The prosecution, thus, has failed to provide substantial evidence linking the applicant to the recovered contraband or to demonstrate his active involvement in the alleged offence. Admittedly no recovery has been affected from the applicant and in such circumstances because the applicant was in touch with the co-accused the bar of Section 37 NDPS Act cannot be attracted," the judge wrote in his order.

Manpreet Singh Gill, a Canadian national, got the reprieve in the 2024 case against him under the Narcotic Drugs and Psychotropic Substances Act.

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Advocate Amit Sahni, representing Gill, submitted the investigation was complete and nothing incriminating was recovered from him.

The counsel further argued Gill had clean antecedents and was in custody since February 6, 2024, serving no purpose if extended.

Sahni contended his client was implicated in the case merely on the basis of the disclosure statements of co-accused persons and no contraband was recovered from his possession or at his instance.

Section 37 of the NDPS Act states no person accused of an offence involving commercial quantity shall be released on bail unless the laid down twin conditions are satisfied.

According to the narcotic control bureau, on January 17, 2.496 kilogram of methamphetamine was recovered from a parcel -- at a courier company's office -- destined for Australia.

The police arrested several persons and further recovered over 13 kilogram of drugs.

The prosecution submitted Gill was arrested in February based on the disclosure statements of co-accused persons wherein it was alleged he had supplied the contraband to one of the co-accused recovered later at the courier company's office.

The bail order underlined merely being in touch with the accused persons could be a reason for investigation on suspicion, but it did not establish a person's involvement with the accused in the alleged criminal activity in the absence of further evidence.

The court noted the Canadian national came to India for his wedding and recently become a father and was released on interim bail at that time.

On being a "flight risk", the court said it could be adequately addressed by imposing strict bail conditions.

"Applicant is not likely to commit any offence while on bail. Without commenting further on the merits of the case, I am of the opinion that the applicant has prima facie established a case for grant of bail," the judge opined.

While imposing stringent conditions, the high court asked him to furnish a personal bond of Rs 50,000 and surrender his passport.

(This is an unedited and auto-generated story from Syndicated News feed, LatestLY Staff may not have modified or edited the content body)