The court ruled that the long duration of custody without trial, combined with assurances of the accused's availability, justified the grant of bail despite the presumption against it under the NDPS Act.

ORDER :

V.R.K.KRUPA SAGAR, J.

1. This criminal petition under sections 480 and 483 of the BNSS is filed by the petitioner to grant regular bail in connection with S.C.No.144 of 2024 of learned II Additional District Judge – cum – Metropolitan Sessions Judge, Vijayawada for the offences punishable under Sections 8(c) read with 20, 28 and 29 of the NDPS Act.

2. Heard arguments of Sri A.Sai Naveen, the learned counsel for petitioner and Smt.Shanti Chandra, the learned standing counsel for respondent/DRI.

3. This is a renewal regular bail petition. Opposing the bail petition, an elaborate counter is filed by the respondent. Earlier, the prayer for regular bail made by this petitioner in Crl.P.No.5246 of 2024 was declined by this court by an order dated 26.09.2024 holding that at that stage of the case it was not found fit to consider the bail plea.

4. The facts on record are that the petitioner/accused is a resident of Chanhatola Post Patsara, Ashiti Taluka, Beed District, State of Maharashtra. He is owner cum driver of lorry bearing registration No.MH 20 CT 6823. Acting in pursuance of credible information received about illicit transportation of Cannabis also known as Ganja, the officers of the DRI intercepted the above vehicle at Enikepadu junction, Vijayawada, State of Andhra Pradesh at 12.00 noon on 07.11.2023. On search of the vehicle, they found 731.075 Kgs of Ganja in the trolly of the lorry. After complying with all the legal formalities, the accused was arrested and the lorry and the contraband were seized. Investigation progressed and stood concluded and a charge sheet dated 03.05.2024 was laid before learned II Additional Sessions Judge – cum – Metropolitan Sessions Judge, Vijayawada where it was registered as S.C.No.144 of 2024. From time to time, the accused has been remanded.

5. It is in the context of the above-mentioned facts, the prayer for bail has fallen for consideration.

6. Learned standing counsel for respondent/DRI strongly opposed the bail plea stating that the case is pending before a court in Andhra Pradesh and the accused belonged to State of Maharashtra and the experience has shown that such accused when released on bail never turn up to the court and consequently, cases could not be proceeded against them and NBWs have been pending for quite a long time as the accused in those cases have been absconding. Along with the additional material papers, examples of such cases with necessary details are placed on record. The further submission of the learned standing counsel for respondent/DRI is that since the case is about commercial quantity of Ganja, presumption under section 37 of the NDPS Act operates and the accused may not be released on bail and cited:

• Narcotic Control Bureau V. Mohit Aggarwa, 2022 INSC 730.

• Nandakumar N V. State of Kerala, 2023 SCC Online Ker 6707.

7. Learned counsel for petitioner/accused submits that there are procedural violations which should favourably be considered while considering the bail plea and that the petitioner has been in judicial custody for a long time and that there are bleak prospects of trial being taken up in the near future and in such cases plea of the accused may be favourably considered. To substantiate the contention that it is unlikely that the trial in this case would take place in the near future, the learned counsel has placed on record the pendency of total number of cases before the trial court and the usual number of cases that are being disposed of in a calendar year and the list of targeted matters before the court below. Based on such statistics, the submission made is that in the next few years, it is unlikely that the trial court would be able to commence trial in this case.

8. The further submission of the learned counsel for petitioner/accused is that respondent/DRI need not hold apprehensions of accused absconding in this case and placed on record, the sworn affidavit of elder brother of this petitioner. The affidavit is sworn by Sri Mhatardeo Ashr