14 February 2024 Bail and Antcipatory Bail >> Criminal Law  

An Applicant has filed a bail application in a case registered under Sections 22 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) at Khajoori Khas Police Station, East Delhi. The applicant, Sunil, has been in custody since May 17, 2019, and charges were only framed against him on May 15, 2023.

The prosecution's case alleges that Sunil and a co-accused were apprehended on a scooter carrying two cartons containing Tramadol capsules, a prohibited drug under the NDPS Act. The prosecution further alleges that Ankit, from whom Sunil and the co-accused purchased the drugs, was arrested at Sunil's instance. Ankit reportedly disclosed his suppliers, who were subsequently arrested.

Sunil's counsel argues for his release on bail on the grounds of prolonged detention and non-compliance with Section 52A of the NDPS Act. Section 52A mandates specific procedures for handling seized narcotics, including obtaining a magistrate's certification for the inventory and drawing representative samples in their presence.

The applicant's counsel cites several Supreme Court judgments highlighting the right to a speedy trial and the impact of lengthy incarceration on the presumption of innocence. The judgments also emphasize that strict bail conditions under the NDPS Act cannot prevent bail altogether, especially in cases of significant delay.

The applicant's counsel further argues that the non-compliance with Section 52A casts doubt on the prosecution's case. Supreme Court judgments have established that failure to follow proper procedures for handling seized narcotics can weaken the prosecution's case.

The court is yet to deliver its judgment on the bail application.

Code of Criminal Procedure, 1973    

Narcotic Drugs and Psychotropic Substances Act, 1985