Delhi High Court grants bail to accused in NDPS case considering his long incarceration
Mar 22, 2022
New Delhi [India], March 22 : The Delhi High Court on Monday granted bail to an accused in Narcotic Drugs and Psychotropic Substances Act (NDPS) considering his long incarceration in an alleged drug smuggling case.
The accused was in jail since March 2014. This case was registered by Delhi Police Special Cell under NDPS Act in 2014. Accused was the driver of the car used for supply of drugs meant for the rave parties.
Justice Subramonium Prasad granted bail to Anil Kumar @ Nillu observing that the accused has been incarcerated for almost eight years now, since 27 March 2014, for an offence that is punishable with a minimum imprisonment of 10 years.
The Court granted bail subject to petitioner, who shall furnish a personal bond of Rs. 100,000 with two sureties of the like amount, one of which should be the relative of the petitioner. Court imposed other conditions including that the accused shall submit his passport with the trial court and shall not leave Delhi till further orders.
The High Court observed, "This is an egregious violation of an accused's right to personal liberty and right to speedy trial as, in the off chance that the petitioner is acquitted, it would entail an irretrievable loss of eight years of his life that cannot be compensated."
The bench also observed, "Fair, just and reasonable procedure is implicit in Article 21 of Constitution of India and it creates a right in the accused to be tried speedily. This Court has consistently observed that while Courts must remain cognizant of the deleterious impact of drugs on society, it is also important to keep in mind that deprivation of personal liberty without the assurance of speedy trial contravenes the principle enshrined in our Constitution."
The Delhi Police had arrested three persons including one Russian national from Karol Bagh area for alleged inter state drugs smuggling/supply for rave parties. Accused persons were identified as Anil Kumar @ nillu, Anil Kumar @ lucky and Russian national Georgii Dedov. The two accused had gone to supply the consignment of drugs to Dedov. The Police had allegedly recovered 2.210 Kg. of Charas/Hashish from their possession.
