Summary: Imran Khan's request for temporary release from jail was denied by Judge Ajay Digpaul because of the large amount of heroin involved and the authorities following the correct procedures.
On May 21, 2023, Imran Khan, also known as Sahil, was arrested near Ambedkar Park, Khayala, after the police received a tip-off. The police found 269 grams of heroin with him, which is considered a large amount under the law dealing with illegal drugs.
"The powder tested positive on field testing and weighed 269 grams, which is a large amount under the law."
Imran Khan has been in jail since his arrest. His lawyer, Mr. Babu Lal, argued that the case was based on secret information and lacked independent evidence. He claimed there were mistakes in the search and seizure process, suggesting possible tampering with evidence.
"The entire case rests on secret information and statements, and there is no direct evidence against him."
Ms. Meenakshi Dahiya, representing the State, opposed the bail, citing the large amount of heroin and proper procedure being followed. She argued that releasing him could interfere with the ongoing investigation, especially since the main supplier, Bazid, is still not caught.
"The legal rule under Section 37 of the NDPS Act is applicable, which the applicant does not meet in any way."
Judge Ajay Digpaul noted that the proper steps were followed, including informing Imran of his rights under the drug law. The court found no major procedural mistakes and emphasized the seriousness of the large amount involved.
"The recovery from the applicant’s possession, supported by the lab report, stands on its own."
The court denied bail, emphasizing the seriousness of the charges and the need for a thorough trial. The trial is ongoing, with one witness examined so far.
"The legal rule therefore applies, and this Court does not find any reason to grant bail to the petitioner."
Judge Digpaul urged the trial court to speed up proceedings to ensure a quick trial.
