InBail Appln. 1875/2021 -SC- Delhi High Court grants bail to man in drug trafficking case after five years in custody
Justice Dinesh Kumar Sharma [06-09-2023]

Read Order: Devender Sen V. Narcotics Control Bureau

Chahat Varma

New Delhi, September 8, 2023: The Delhi High Court has granted bail to a man who was arrested in 2018 for drug trafficking.

The applicant had filed the present application seeking regular bail under Sections 20(C) and 23 read with Section 29 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act). The counsel stated that the applicant had already undergone around five years of custody.

In this case, the background involved the seizure of a courier parcel by the NCB Team. Upon inspection of the parcel, it was discovered to contain 70 religious books. However, upon closer examination, it was revealed that these books concealed Charas. During the investigation, it was determined that the parcel had been sent through the ‘Overnite Express’, a courier shop in Agra. During the investigation, the area manager provided the identity of the person who had booked the parcel, which was revealed to be the applicant. As the investigation proceeded, the applicant admitted that the parcel containing Charas within the religious books had been delivered to him by a friend. He also confessed to his involvement in the commission of the crime and the booking of the parcel. Consequently, he was arrested.

The single-judge bench of Justice Dinesh Kumar Sharma placed reliance on Legal Aid Committee Representing Undertrial Prisoners vs. Union of India[LQ/SC/1994/977], wherein the Supreme Court held that where the undertrial accused is charged with an offence(s) under the Act punishable with minimum imprisonment of ten years and a minimum fine of Rupees one lakh, such an undertrial shall be released on bail if he has been in jail for not less than five years provided he furnishes bail in the sum of Rupees one lakh with two sureties for like amount.

Based on the precedent mentioned, the petitioner in this case was granted bail.