Mere delay in conclusion of trial may not be sufficient to release accused on bail: Delhi HC orders NDPS trial to be concluded within 6 months
Justice Navin Chawla [20-02-2024]

Read Order: MAHTAB TYAGI v. THE STATE GOVT. OF NCT OF DELHI [DEL HC- BAIL APPLN. 3030/2022]

LE Correspondent

New Delhi, February 22, 2024: Instead of granting bail to a man booked under the NDPS Act, the Delhi High Court has asked the Trial Court to conclude the trial within 6 months. The High Court has also clarified that the applicant would be at liberty to renew the prayer for being released on bail if there is delay in conclusion of the trial.

It was the case of the prosecution that on 06.02.2021, information was received by the police that a truck carrying Ganja was travelling from Kalindi Kunj to Sarita Vihar. The Police Officials along-with the truck, caught its driver/the applicant herein and another person, namely Ashwani Yadav, who was sitting with him in the truck. Upon preliminary search of the truck, 104 packets of Ganja were found, which weighed 525 kgs in total. Upon interrogation, the applicant disclosed that he is the owner of the truck and one Sonu Pathan had told him that two persons, namely Pramod and Ashwani, are involved in the business of illegal transportation of Ganja from Andhra Pradesh to Delhi.

He was alleged to have stated that Sonu Pathan convinced the applicant that if he uses his vehicle for transportation of Ganja, he would earn a good amount of money. He disclosed that he along with Ashwani loaded the Ganja in the truck from Sambalkot, Andhra Pradesh, and the co-accused Ashwani accompanied him during transportation. It was while being en-route that they were intercepted and apprehended by the police.

The Counsel for the applicant submitted that the accused was arrested on 07.02.2021 and has been in custody for over 3 years. It was also submitted that the applicant had been falsely implicated in this case and the police had prepared a false arrest memo.

The State Counsel contended that the applicant had, in active connivance with the co-accused persons, transported Ganja in his own vehicle from Andhra Pradesh to Delhi. Ganja weighing 525 kgs has been recovered from his possession, which was way over the commercial quantity. Even the FSL report confirmed the recovered substance to be Ganja.

The Single-Judge Bench of Justice Navin Chawla noticed that though the applicant had been in custody since 07.02.2021 and the charge-sheet had been filed on 21.09.2021, some of the co-accused were yet to be apprehended. The stage of the trial had not been stated by the parties. It was also noticed that the applicant was stated to have been found with 525 Kgs of Ganja, which is commercial quantity.

Referring to the judgment in Rabi Prakash v. State of Odisha, the Bench said, “Though in Rabi Prakash (Supra), the Supreme Court has held that the prolonged incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution of India and that the conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act, each case has to be considered on its own facts. Mere delay in conclusion of the trial may not be sufficient to release the accused on bail.”

The High Court took notice of the fact that the applicant was alleged to have been apprehended while carrying Ganja in his truck from Andhra Pradesh to Delhi. The quantity alleged to have been recovered was commercial.

The Bench, thus, observed that instead of releasing the applicant on bail, ends of justice would be met by requesting the Trial Court to expedite the trial and make an endeavour to conclude the same within a period of 6 months. “In case there is delay in conclusion of the trial, the applicant shall be at liberty to renew this prayer for being released on bail, in accordance with law”, the Bench added.