Delhi HC Grants Regular Bail to Accused After Four Years in Custody under NDPS Act

On 29th October 2021, the applicant was arrested by officers of the Directorate of Revenue Intelligence after they got some specific information about a white Mahindra Bolero car that was carrying drugs. On search, the officers discovered 68 packets wrapped in transparent tape concealed in a welded cavity on the driver’s side of the vehicle. The substance was identified as Charas weighing 69.100 kilograms through field testing and subsequent CRCL analysis. The applicant gave a voluntary confession under Section 67 of the NDPS Act, wherein he admitted receiving the contraband from one Umesh of Nepal, who was to deliver it to certain persons for Rs. 68,000. Documents such as the registration certificate and insurance papers of the vehicle in the name of Sukhvir Singh were also seized. The applicant further admitted that he had been earlier arrested in November 2018 by the Uttar Pradesh STF in an NDPS case involving 58 kilograms of Charas and was then on bail.

The applicant sought regular bail under Section 438 of the Bharatiya Nagarik Suraksha Sanhita, 2023, in connection with SC No. 161/2022 registered under Sections 20, 23, 25, and 29 of the NDPS Act. He argued that he was not the owner of the vehicle, that no search was conducted at the location of apprehension, and that there were contradictions in witness depositions. It was also contended that he had remained in judicial custody since 2021, and only 9 of 29 witnesses had been examined so far. Reliance was placed on A.R. Antulay v. R.S. Nayak (1992) 1 SCC 225 and Sanjay Chandra v. CBI (2012) 1 SCC 40, claiming the right to a speedy trial under Article 21.

Issue Before Court: Could the applicant, who was charged with drug-related crimes involving large quantities, be granted bail under Section 438 BNSS despite the prohibition under Section 37 of the NDPS Act due to his long imprisonment and trial delay?

HC’s Ruling: The bail application was granted. The Court pointed out that the applicant had been in custody since October 29, 2021, and so far the prosecution has called only 9 out of 29 witnesses. The case was still at the same point in the procedure as when the defendant applied for bail and the case was not even close to being finished soon. The Court applied the cases Sukhwinder Singh v. State (NCT of Delhi), Badsha SK v. State of West Bengal, Man Mandal v. State of West Bengal, and Sovraj v. State (NCT of Delhi) and informed that in spite of the strictness of Section 37 NDPS Act still it is permissible to give bail when the accused suffers undue and excessive pre-trial detention infringing his fundamental right to liberty.

Thus, the applicant’s four-year incarceration and the slow pace of trial, the Court directed his release on furnishing a personal bond of Rs. 50,000/- (Rupees Fifty Thousand only) with one surety of like amount to the satisfaction of the Trial Court or concerned Judicial Magistrate. The bail was made subject to conditions including that the applicant shall not tamper with evidence or influence witnesses, must attend all hearings, shall not leave the jurisdiction without permission, and must share his mobile number and live location with the Investigating Officer. The Bail Application was accordingly allowed and disposed of.

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