IMPORTANT POINT
Bail application – Stringent requirements imposed on accused under Section 21 of MCOCA for grant of bail, do not preclude grant of bail on the grounds of undue delay in completion of trial – Conditional liberty must take precedence over statutory restrictions under Section 21 of MCOCA and override bar therein.

ORDER

The present application is filed seeking regular bail in FIR No. 16/2018 dated 12.02.2018, registered by Special Cell, for the offences under Sections 3/4 of the Maharashtra Control of Organised Crime Act, 1999 (‘MCOCA’).

2. The brief facts of the case are that on the basis of secret information, on 23.07.2017, a raid was conducted and the applicant was apprehended with 3 Kg of Heroin, which led to registration of FIR No. 51/2017 by Police Station Special Cell. At the time of apprehension, the applicant was travelling in a car that was registered in the name of co-accused Deepak (kingpin), who is allegedly a notorious criminal with 20 involvements under the Narcotic Drugs and Psychotropic Substances Act, 1985 (‘NDPS Act’). During investigation, the applicant allegedly disclosed that he used to supply Heroin to co-accused Deepak and Neeraj in Delhi. The applicant also allegedly disclosed about the involvement of co-accused Babu. On 24.07.2017, co-accused Deepak and Neeraj were apprehended and a recovery of 2 Kg and 100g of Heroin was recovered from them respectively. Coaccused Babu was apprehended from his rented accommodation on 24.10.2017 and 200g of Heroin was recovered at his instance. The association of co-accused Sajan, who is the brother of coaccused Deepak, was allegedly disclosed by the arrested accused persons.

3. It is the case of the prosecution that the criminal profile of co-accused Deepak indicates that he has indulged in committing various offences, particularly drug trafficking, in association with the other accused persons, including the applicant. It is further alleged that the accused persons have multiple antecedents and the applicant was also earlier arrested in FIR No. 1103/2015, registered at Police Station Vivek Vihar, for the offences under Sections 307/34 of the Indian Penal Code, 1860 and Section 25 of the Arms Act, 1959. It is alleged that the accused persons are running an organised crime syndicate and carrying out unlawful activities for pecuniary gain, due to which, the present case was registered.

4. During investigation, it was found that the co-accused Deepak had purchased several properties, vehicles and other things by paying huge amounts in cash, however, he had no legitimate source of income. It was found that co-accused Babu also had huge transactions of money in his accounts.

5. The learned counsel for the applicant submits that the applicant is innocent and MCOCA has been erroneously invoked against the applicant.

6. He submits that the applicant was merely employed as a driver of co-accused Deepak and he had no knowledge of the contraband recovered from the vehicle, which led to the registration of FIR No. 51/2017. He further submits that the applicant has already been granted bail in that case.

7. He further submits that the applicant has already been acquitted in FIR No. 1103/2015, registered at Police Station Vivek Vihar. He submits that no other person of the alleged syndicate was facing trial in that case and it was in no manner linked to the same.

8. He submits that the applicant has spent about six and a half years in custody and only 11 out of 100 witnesses have been examined till now. He submits that the trial is likely going to take long to conclude and no purpose will be served by subjecting the applicant to undergo further incarceration.

9. Per contra, the learned Special Public Prosecutor for the State vehemently opposes the grant of any relief to the applicant and submits that the allegations are serious in nature.

10. He submits that the acquittal in any case has no bearing towards invocation of MCOCA. He further submits that the trial may be expedited instead of granting any relief to the applicant.

11. I have heard the counsel and perused the record.

12. It is settled law that the Court, while considering the application for grant of bail, has to keep certain factors in mind, such as, whether there is a prima facie case or reasonable ground to believe that the ac