Prolonged incarceration without conviction violates the constitutional right to a speedy trial, warranting bail for undertrials as per established precedents.

JUDGMENT

Amit Sharma J.

1. The present application under section 439 read with section 482 of the Code of Criminal Procedure, 1973 ('CrPC') has been filed on behalf of the applicant seeking regular bail in case SC No. 7256/2016, registered by the Directorate of Revenue Intelligence (hereinafter referred to as `DRI') for offences under sections 22, 27A, 29 and 30 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as `NDPS Act').

2. Briefly stated, the facts relevant for adjudication of the present application are as under:

(a) On 15.04.2013, on the basis of specific information, the officers of the DRI intercepted a green Mahindra Champion luggage carrier three-wheeler, having registration number DL 1 LN 7074, near the red light of Sir Ganga Ram Hospital, Shankar Road, New Delhi. The vehicle was occupied by one Shri Bablu Ram and Mr. Anil Kumar (applicant herein), who was running a courier company in the name of M/s Cruze Courier at House No. 374 (basement), Sant Nagar, East of Kailash, New Delhi. A search of the said vehicle resulted in the recovery of a white colored crystalline substance, suspected to be Methaqualone, weighing 272.800 kg, packed in 11 white colored duly stitched HDPE bags.

(b) During further investigation, 33.450 kg of white crystalline substance suspected to be Methaqualone was recovered and seized from the Office premises of one Manu Khosla of M/s Magic Vibration India Pvt. Ltd. situated at 611, 6th floor, Pragati Tower, Rajendra Place, New Delhi and 951.350 kg. of white crystalline substance suspected to be Methaqualone was recovered and seized from a white colored Toyota Fortuner car having registration No. DL 13 CA 1800, owned by Amit Kumar Singh and his wife, Ms. Nupur Singh.

(c) It is alleged that in total, 1257.600 kg of the substance has been recovered and seized from the possession of the present applicant and his co-accused, i.e., Manu Khosla and Amit Kumar Singh.

(d) As per the reports of Central Revenue Control Laboratory, New Delhi and the Central Forensic Science Laboratory, New Delhi, the details of the recoveries effected are as under:

(i) 747.400 kg seized from Toyota Fortuner car having registration No. DL 13 CA 1800, owned by Amit Kumar Singh and his wife, Ms. Nupur Singh was confirmed to be Ketamine Hydrochloride.

(ii) 272.800 kg seized from the luggage carrier three-wheeler, having registration number DL 1 LN 7074, owned by the present applicant was confirmed to be Ketamine Hydrochloride.

(iii) 23.400 kg seized from the premises owned by Manu Khosla was confirmed to be Ketamine Hydrochloride.

(iv) 150 kg seized form the Toyota Fortuner car having registration No. DL 13 CA 1800, owned by Amit Kumar Singh and his wife, Ms. Nupur Singh was confirmed to be Methamphetamine.

(v) 53.95 kg seized form the Toyota Fortuner car having registration No. DL 13 CA 1800, owned by Amit Kumar Singh and his wife, Ms. Nupur Singh was confirmed to be Phenylpropanolamine.

(vi) Report in respect of the remaining 10.05 kg of substance seized read as "General Narcotic Drugs and Psychotropic Substances like Heroin, Morphine, Codeine, Cocaine, Amphetamine, Methamphetamine, MDMA, Methaqualone, Diazepam, Lorazepam, Clonazepam, Ketamine Ephedrine have not been detected".

(e) As per the case of the prosecution, Ketamine Hydrochloride is a psychotropic substance listed at serial no. 111 read with serial no. 110 A of the Schedule to the NDPS Act. Methamphetamine is a psychotropic substance listed at serial No. 19 of the Schedule to the NDPS Act, 1985 and serial No.30 of the Sche