The main legal point established is the need for expedited trial in cases involving prolonged incarceration, as emphasized by the directions of the Hon'ble Apex Court.

JUDGMENT

Swarana Kanta Sharma, J. (Oral)--By way of instant application under Section 439 of the Code of Criminal Procedure, 1973 (`Cr.P.C.'), the applicant seeks regular bail in case bearing No. VIII/19/DZU/2017 registered at Police Station Narcotics Control Bureau under Sections 21/23/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 (`NDPS Act').

2. The case of the prosecution, in brief, is that based on an information received, the applicant/accused, a citizen of Bolivia, who had arrived via flight No. ET-686 STA, was intercepted on 13.05.2017 near the Gate at Terminal 3 of Indira Gandhi International Airport. Upon enquiry, the applicant had disclosed that he had concealed capsules of cocaine inside his stomach which could be recovered with medical help. Thereafter, 50 capsules weighing 500 grams, containing white-coloured powder identified as cocaine, were recovered from the stomach of applicant at Safdurjang hospital, New Delhi from 13.05.2017 to 15.05.2017. As per prosecution, the applicant/accused in his statement under Section 67 NDPS Act had disclosed that the contraband was given to him by his cousin to deliver in India and that he had initially swallowed 80 capsules but in the middle of the journey, he had vomited about 30 capsules at Sao Paulo Airport, Brazil.

3. Learned counsel for the applicant/accused submits that applicant was arrested on 16.05.2017 and has been in judicial custody since then. It is stated that the present application is not being pressed on merits but only on the ground that since the applicant has been in judicial custody for more than 06 years, he will be entitled to bail in view in view of decision of Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation, (2022) 10 SCC 51 and Supreme Legal Aid committee (Representing undertrial prisoners) v. Union of India, (1994) 6 SCC 731, as well as several other decisions of Hon'ble Apex Court and this Court. It is thus stated that considering the duration of custody of the applicant and the fact that there is a delay in trial, the present application be allowed.

4. Learned SSC for NCB, on the other hand, opposes the present bail application and argues that present case is of recovery of commercial quantity of contraband. It is stated that applicant is a foreign national and thus, chances of absconding cannot be ruled out. It is further stated that the contraband in the present case was recovered from the stomach of the applicant/accused and thus, there are high chances of his conviction. It is also stated that only 4 witnesses are left to be examined and therefore, at this stage, the present application be dismissed.

5. I have heard arguments addressed by both sides and have perused the case file.

6. The allegations, in a nutshell, against the applicant are that he was apprehended at Indira Gandhi International Airport and 50 capsules containing cocaine were recovered from his possession, which he had swallowed and concealed inside his stomach. The contraband which had been seized by the investigating agency was 500 grams of cocaine, which is a commercial quantity. In view thereof, the bar under Section 37 of NDPS Act would apply to grant of bail to the present applicant.

7. However, the applicant in the present case does not seek grant of regular bail on merits, rather on account of the duration of his custody and delay in trial.

8. In this regard, this Court notes that the applicant was arrested on 17.05.2017 and has been in judicial custody for more than 06 years and 01 month. Further, the applicant is facing trial in a case where he has been accused of commission of offences under Sections 21/23/29 of NDPS Act. This Court notes that the punishment prescribed under these provisions is rigorous imprisonment for a term which shall not be less than ten years but may extend to twenty years, alongwith fine. In such category of cases, the directions of the Hon'ble Apex Court in Supreme Court Legal Aid Committee (sup