NARCOTICS CONTROL BUREAU V. LOKESH  CHADDHA

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INTRODUCTION

The case of The State (GNCT of Delhi) Narcotics Control Bureau v. Lokesh Chadha involves assessing whether the High Court of Delhi properly applied the legal standards for suspending a sentence under Section 389(1) of the Code of Criminal Procedure, 1973 (CrPC) after Lokesh Chadha was convicted under Sections 23(c) and 25A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

FACTS OF THE CASE

1. On December 2, 2015, the Narcotics Control Bureau (NCB) received a tip from DHL Courier about two suspicious parcels. Upon inspection, the parcels were found to contain 325 grams of heroin and 390 grams of pseudoephedrine. Lokesh Chadha, the proprietor of the courier agency, was convicted in the crime, while his employee, who acted at his behest, was acquitted.
2. Special Judge convicted Lokesh Chadha under Sections 23(c) and 25A of the NDPS Act, sentencing him to ten years of imprisonment and imposing a fine. The co-accused employee was acquitted due to lack of direct evidence against him.
3. July 28, 2020, the High Court of Delhi suspended Lokesh Chadha’s sentence during the pendency of his appeal, considering the time already served (four years and four months), the delay in appeal hearings due to the COVID-19 pandemic, and other circumstances.

ISSUES RAISED

1. Whether the High Court complied with the strict conditions of Section 37 of the NDPS Act while granting suspension of the sentence.
2. Whether the High Court provided sufficient reasons for suspending the sentence, especially in light of the conviction for serious offences under the NDPS Act.

CONTENTIONS OF THE APPELLANT

1. The Additional Solicitor General argued that Section 37 of the NDPS Act requires the court to be satisfied that there are reasonable grounds for believing the convict is not guilty and is unlikely to commit any offence while on bail. Given Lokesh Chadha’s conviction, these conditions were not met.
2. The High Court’s reasons for suspending the sentence were vague and did not address the stringent requirements of the NDPS Act.

CONTENTIONS OF THE RESPONDENT

1. Chadha’s counsel highlighted that he had already served a substantial portion of his sentence (four years and four months).
2. High Court had exercised its discretion appropriately, considering the delay in appeal hearings due to the pandemic and other mitigating factors.

JUDGEMENT

The Supreme Court, led by Dr. Justice D.Y. Chandrachud, emphasized the essential requirements of Section 37 of the NDPS Act, which must be satisfied before granting bail or suspending a sentence. The Court noted that the High Court failed to adequately address these requirements in its order.

The Supreme Court set aside the High Court’s order suspending Chadha’s sentence, directing him to surrender forthwith. The Court also requested the High Court to hasten the hearing of Chadha’s appeal and dispose of it by the end of 2021, given the time he had already served.

ANALYSIS

The Supreme Court reaffirmed the importance of strict compliance with Section 37 of the NDPS Act, emphasizing that courts must provide clear and compelling reasons when suspending sentences for serious drug-related offences. This decision underscores the judiciary’s role in balancing individual rights with public safety concerns, particularly in cases involving narcotic substances.

CONCLUSION

In The State (GNCT of Delhi) Narcotics Control Bureau v. Lokesh Chadha, the Supreme Court underscored the necessity of adhering to the strict bail conditions under Section 37 of the NDPS Act. The decision highlights the judiciary’s commitment to ensuring that legal provisions aimed at controlling narcotic offences are rigorously applied, thereby maintaining the integrity of the criminal justice system in drug-related cases.

REFERENCES

1. https://indiankanoon.org/doc/57169485/
2. scc online
3. https://blog.ipleaders.in/interpretation-of-section-37-of-the-narcotic-drugs-and-psychotropic-substances-act-1985/

This Article is written by Shambhavi Bhardwaj student of Himachal Pradesh National Law University, Shimla(HPNLU); Intern at Legal Vidhigya.

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