Why Delhi High Court granted bail to man whose car was used by others to transport Ganja

The Delhi High Court recently granted bail to a man who was booked in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) after a car registered in his name was allegedly used by others to transport ganja (marijuana)..The bail applicant had maintained that he was unaware of the car being used for drug transport. He further explained that the vehicle had been handed over to another person under an informal sale agreement that was yet to be registered.Justice Sanjeev Narula granted him bail after examining Section 25 of the NDPS Act, which punishes those who allow their premises (including vehicles) to be used for drug trafficking. The Court noted that a key ingredient of this offence is that the offender must have knowledge that his premises are being used for trafficking. In this case however, the car owner had asserted that he was unaware that his car was being used for illegal activities, more so after he handed over its possession to another with an intention to sell it. The Court held that this defence by the car owner cannot be disregarded when there is no material to link him to the drug transport incident, apart from a statement by the man who was caught with the drugs. "The statute requires the prosecution to demonstrate that the owner of the vehicle had consciously permitted its use for the commission of an offence under the Act. In the present case, the prosecution has not produced any independent or corroborative material, apart from the disclosure statement of the co-accused, to establish that the Applicant had knowledge that his vehicle was being used for transportation of narcotic substances," the Court held. .By way of background, in February 2024, the police stopped a Maruti Swift Dzire carrying ganja. The man driving the car, Dhiraj, claimed that he got the ganja from a Uttar Pradesh resident named Munna. Dhiraj added that the vehicle he had been driving, which was used to transport the ganja, belonged to one Rahul. Dhiraj also claimed that Rahul was aware that the vehicle was being used for ganja transport. Rahul was interrogated on these allegations in March 2024, and arrested shortly afterwards. He, however, maintained that he was innocent.He explained that he had handed over the car's possession to Dhiraj as part of a sale deal. Even though no formal sale agreement was executed, some forms were signed, the Court was told. Owing to the informal nature of the transaction, the transfer of ownership before the registering authority could not be completed, Rahul added. Therefore, the car continued to be in his name. However, Rahul contended that he was completely unaware of the vehicle being used for drug transport.The trial court dismissed his bail applications twice, prompting him to move the Delhi High Court for relief. .The State opposed the bail plea on grounds that there is a commercial quantity of ganja involved and that Rahul did not satisfy the rigorous tests for bail laid down under Section 37 of the NDPS Act.The High Court, however, disagreed with the State's stance and ordered Rahul's release on bail. "The Applicant’s (Rahul) contention that he did not have had any knowledge of the contraband transportation cannot be entirely disregarded ... The question whether there exists any legally admissible and credible material to connect the Applicant to the alleged conspiracy is one that must be examined at the stage of trial. At this juncture, no such corroborative evidence has been brought to the fore ... This Court is of the prima facie view that the Applicant has been able to demonstrate reasonable grounds to believe that he may not be guilty of the offences alleged ... he is (also) not likely to commit any offence while on bail," the High Court reasoned. .Advocate Pragya Barsaiyan appeared for the accused. Public Prosecutor Amit Ahlawat represented the State. .[Read Order]