Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Del) 184

IN THE HIGH COURT OF DELHI AT NEW DELHI
Subramonium Prasad, J.
Anil Kumar @ Nillu - Appellant
Versus
State - Respondent
Bail Appln. 1724/2021
Decided On : 21-03-2022

Advocates Appeared:
Mr. Rajinder Singh And Mr. Piyush Gupta, Ms. Himanshi Batheja, Advocates, for the Appellant, Mr. Amit Chadha, App for the State With Si Thakur Singh, for the Respondent.

The right to speedy trial and personal liberty under Article 21 of the Constitution must be upheld, and inordinate delay in trial can warrant the release of undertrial prisoners, as per the Supreme Court's directions.

Headnote:
NDPS Act - Interim Bail - Section 439 Cr.P.C. - Sections 468/471/201 of IPC - Sections 20/29 of NDPS Act
Fact of the Case:

The petitioner sought interim bail in a case involving the illegal supply of drugs. He had been in custody for almost eight years and applied for bail citing the Supreme Court's directions for the release of undertrial prisoners who had been in jail for over five years for certain offences.
Finding of the Court:

The court found that the petitioner was entitled to release due to the inordinate delay in trial and prolonged judicial custody, as per the Supreme Court's directions and Section 37 of the NDPS Act.
Issues: The main issue was whether the petitioner, accused of offences under the NDPS Act, was entitled to release after being in custody for almost eight years.
Ratio Decidendi: The court applied the Supreme Court's directions for the release of undertrial prisoners who had been in jail for over five years for certain offences, emphasizing the right to speedy trial and personal liberty under Article 21 of the Constitution.
Final Decision: The court granted bail to the petitioner, subject to specific conditions, and noted that the observations made were only for the grant of bail and not on the merits of the case.

ORDER

1. This petition has been filed under Section 439 Cr.P.C. seeking interim bail in FIR No. 14/2014 dated 26.03.2014 registered at P.S. Special Cell under Sections 468/471/201 of the Indian Penal Code, 1860 (hereinafter, "IPC") and Sections 20/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter, "NDPS Act").

2. The facts, in brief, leading up to the filing of the instant petition are as follows:

a) It is stated that information was received in February 2014 that one Danveer @ Dannu was involved in an illegal interstate supply of drugs to foreigners in various states in India for the purpose of rave parties. Accordingly, a team to conduct a raid into the same was deployed and secret information was received that Danveer @Dannu would come to Karol Bagh in an Alto car to deliver at 11 A.M. a consignment of charas/hashish to a Russian associate at Gurudwara Road, behind Jassa Ram Hospital, Karol Bagh.

b) On the basis of the aforementioned information, a police team arrived at 8 A.M. at Karol Bagh Metro Station, Pusa Road, Delhi. Around 11:15 A.M., one white Alto car arrived, with two occupants in the front seats, and after five minutes, a foreigner emerged from the Intercity Hotel and walked towards the car. It is stated that during the exchange that took place between the foreigner and the two occupants of the car, a small yellow/black colour canvas bag was handed over to the foreigner.

c) Around 11:30 A.M., as per instructions, the police team surrounded the car and asked the persons about their identity. The foreigner revealed his identity as Georgii Dedov, the driver of the car was Anil Kumar @ Nillu (the Petitioner herein), and the other occupant of the car was Anil Kumar @ Lucky.

d) A cursory interrogation of the canvas bag which had been recovered revealed that the same contained ten small polythene pouches containing a black/brown coloured clay type material/substance in small pieces, wrapped with transparent cling foils and giving off a pungent smell resembling that of cannabis. The apprehended persons revealed the same to be charas/hashish, and the total weight of the substances was found to be 2.210 kgs.

e) The Petitioner was arrested on 27.03.2014. The first bail application moved by the Petitioner before the Ld. Trial Court was dismissed on 06.05.2016 and the second bail application was dismissed by the Ld. Trial Court on 02.02.2017. The first bail application was dismissed as withdrawn by this Court on 21.08.2017, with the third bail application being dismissed by the Ld. Trial Court on 06.07.2021.

f) The Petitioner has now approached this Court by way of the instant petition for interim bail.

g) It is pertinent to note at this juncture that vide Order dated 19.01.2022, this Court, considering the facts and circumstances of the instant case, exercised its powers under Section 482 Cr.P.C. to covert the instant interim bail application into one for regular bail.

3. Mr. Rajinder Singh, learned Counsel for the Petitioner, submits that the Petitioner has been falsely implicated and his job was only to drive the occupants of his vehicle from one place to another. He states that the Petitioner is the sole bread earner in his family and that his being in judicial custody for 7 years and 10 months has exacerbated the poor financial condition of his family, especially with the COVID-19 pandemic taking place.

4. The learned Counsel for the Petitioner places reliance upon Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) v. Union of India, (1994) 6 SCC 731, to submit that the Supreme Court had rendered directions for the release of those undertrial prisoners who had been in jail for over five years for offences that entailed a punishment of minimum imprisonment often years and a minimum fine ofrupees one lakh. Citing this judgement, Mr. Singh submits that the Petitioner herein has been in custody for almost eight years now and is, therefore, entitled to release.

5. Mr. Singh further submits th