Delhi High Court Rules that the Weight of Towels and Bedsheets Cannot be Included While Determining the Quantity of Contraband, Ultimately Granting Bail to the Accused

In a recent decision by the Delhi High Court in Mohd. Nasar Vs. Narcotics Control Bureau & Anr.’, Justice Vikas Mahajan delivered a significant ruling regarding the inclusion of the weight of carriers, such as towels and bedsheets, in determining the quantity of recovered substances under the Narcotic Drugs and Psychotropic Substances (NDPS) Act.


The case revolved around the arrest of Afghan national Mohd Nasar in connection with a drug case registered by the Narcotics Control Bureau (NCB) in 2021. The NCB had seized two towels and a bed sheet containing heroin from another Afghan national at the Indira Gandhi International Airport, and subsequently, included the weight of these items in the total contraband recovered.


Justice Mahajan, while granting bail to Mohd Nasar, elucidated that towels and bed sheets cannot be regarded as neutral substances for the purpose of calculating the quantity of contraband. The Court emphasized that their weight should not be amalgamated with the weight of the narcotics for determining whether the seized material constitutes a small or commercial quantity.


However, the Court underscored that this interpretation is subject to further examination during the trial proceedings. It clarified that the absence of evidence to demonstrate that the weight of the actual contraband, excluding the weight of the carriers, meets the threshold for a commercial quantity precludes the imposition of stringent bail conditions under Section 37 of the NDPS Act at the bail stage.


Furthermore, the Court meticulously assessed the allegations against Nasar, including his purported involvement in a conspiracy to possess the heroin. Despite the Narcotics Control Bureau’s contentions, the Court found no concrete evidence linking Nasar to the knowledge or possession of the contraband. Notably, it emphasized the inadmissibility of disclosure statements of co-accused as evidence, as established by precedents set by the Supreme Court.


Consequently, the Court opined that the stringent conditions under Section 37 of the NDPS Act may not be applicable to Nasar. It articulated that there were reasonable grounds to believe in Nasar’s innocence, especially considering his lack of prior involvement in NDPS-related offences or any criminal record. Ultimately, the Court granted bail to Nasar, subject to certain conditions, in light of the foregoing analysis.

Disclaimer: This article is for informational purposes only and does not constitute legal advice. The content may not reflect the most current legal developments and is not guaranteed to be accurate, complete, or up-to-date. Readers should consult a qualified legal professional before taking any action based on the information provided. The authors and publishers disclaim any liability for any loss or damage incurred as a result of reliance on this article. This article does not create an attorney-client relationship.

To Top

Disclaimer & Confirmation

As per the rules of the Bar Council of India, we are not permitted to solicit work and advertise. By clicking on “I Agree” below, the user acknowledges the following:
The user wishes to gain more information about us for his/her own information and use;
There has been no advertisement, solicitation, invitation or inducement of any sort whatsoever from us or any of our members to solicit any work through this website;
The information about us is provided to the user only on his/her specific request and any information obtained or materials downloaded from this website is completely at the user’s volition and any transmission, receipt or use of this site would not create any lawyer-client relationship.
The information provided herein should not be interpreted as legal advice, for which the user must make independent inquiries.
Whilst every effort has been taken to ensure the accuracy of the contents of this website, JurAce Legal LLP, disclaims all liability arising from reliance placed by the user or any other third party on the information contained or provided under this website.
All disputes, if any, relating to this website are subject to the exclusive jurisdiction of courts in New Delhi, India only.