14 February 2024 Bail and Antcipatory Bail >> Criminal Law  

Rajesh Kumar, who has been in custody for over two and a half years in an NDPS case, has been granted bail by the Delhi High Court. The court cited the lengthy detention and the yet-to-begin trial as reasons for releasing Kumar on bail.

The case stems from an arrest made by the Crime Branch of Delhi Police in April 2021. Police recovered 3.160 kg of charas from a car allegedly driven by Kumar. He was charged under Section 20 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).

Kumar's lawyers argued for his release based on the following points:

• No criminal antecedents
• Delay in trial - charges were framed but the trial hasn't begun
• Co-accused have already been granted bail

The prosecution, however, countered that Section 37 of the NDPS Act imposes a stricter test for bail in such cases. They argued that the court should be satisfied the accused is not guilty and unlikely to commit further offenses while on bail.

The court, acknowledging the stringent conditions of Section 37, balanced it against the right to a speedy trial as guaranteed by Article 21 of the Indian Constitution. They cited Supreme Court pronouncements which have emphasized that prolonged incarceration can violate this right.

Further it was noted that despite the seriousness of the offense (commercial quantity of drugs), the exceptional circumstances of the case warranted bail. Kumar's lack of criminal history and the lengthy pretrial detention played a significant role in the court's decision.

Kumar was granted bail on furnishing a personal bond of Rs. 50,000 with a surety of the same amount. Standard bail conditions were imposed, including:

• Maintaining a permanent address and informing the court of any changes.
• Appearing before the court for hearings.
• Providing working mobile phone numbers to the investigating officer.
• Refraining from criminal activity and contact with prosecution witnesses.

The court clarified that this order is solely for the purpose of granting bail and does not reflect on the merits of the case, which will be decided at trial.

  Narcotic Drugs and Psychotropic Substances Act, 1985