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by Admin
07 May 2024 2:49 AM
In a significant ruling, the Delhi High Court has granted bail to an individual accused under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act), primarily considering the prolonged period of custody exceeding three years and ten months and noting procedural lapses in compliance with Section 52A of the NDPS Act.
The applicant, Sunil, was arrested on May 16, 2019, with contraband substances and charged under Sections 22/29 of the NDPS Act. Despite being in custody for over three years, the trial had not commenced, and no witness had been examined. The defense highlighted the failure to comply with procedural requirements under Section 52A of the NDPS Act and the absence of the sample of the seal sent to the FSL, contending these lapses as grounds for bail.
Delay in Trial: The court referred to Supreme Court judgments underscoring the right to speedy trial within the framework of the NDPS Act, especially Section 37. It emphasized that prolonged custody is contrary to the right to life and liberty guaranteed under Article 21 of the Constitution.
Non-Compliance with NDPS Act: The court found that procedural mandates under Section 52A were not adhered to, as the samples of the seized contraband were not drawn in the presence of a Magistrate nor was the inventory certified, creating doubts about the primary evidence in the trial.
Comparison with Co-Accused: The court noted that a co-accused had been released on bail, which weighed in the decision to grant bail to the applicant.
Considering the undue delay in the trial, satisfactory conduct of the applicant in jail, the procedural lapses, and the release of the co-accused on bail, the court directed the release of the applicant on bail upon furnishing a personal bond of Rs. 50,000 with conditions regarding his movement, appearance in court, and non-involvement in criminal activities.
Date of Decision: February 14, 2024
Sunil vs. State NCT of Delhi
