Bail can be granted despite the restrictions under NDPS Act due to prolonged incarceration, trial delays, and improper search procedures.

JUDGMENT

1. The present application is filed seeking regular bail in FIR No. 251/2022 dated 20.04.2022 registered at Police Station Sarita Vihar for offences under Sections 20 /29 of the Narcotics Drugs and Psychotropic Substances Act , 1985 (‘NDPS Act’).

2. It is alleged that on 20.04.2022, a secret information was received regarding the illegal supply of Ganja. Subsequently, a raiding party was constituted, and thereafter a raid was conducted at around 10:00 AM above the Sarita Vihar Flyover. It is averred that before the search and seizure proceedings, few passersby were informed about the situation and were asked to join the police action, however, all of them refused and left without disclosing their names.

3. During the raid three people, namely Vinod, Iqbal and the applicant were apprehended who were travelling in a three-wheeler. The co-accused Vinod and the applicant were sitting on the back seat of the auto, while co-accused Iqbal was the driver of the said auto. It is alleged that the co-accused Vinod was holding a large red-black-white coloured carry bag between his legs, and the applicant too was holding a black bag. It is alleged that upon the search of the bag held by the co-accused Vinod, a total of 24.20 kgs of ganja was recovered. Further, upon the search of the bag held in the possession of the applicant, 14.13kgs of ganja was recovered. Subsequently, both the carry bags were seized, sealed and taken into possession, and all the accused persons including the applicant were arrested on 20.04.2022.

4. It is averred that thereafter, samples were drawn and sent for testing. In accordance with the FSL report, the samples were found to be ganja. Upon the conclusion of the investigation, the chargesheet was filed, and the FSL report was filed through supplementary chargesheet.

5. The learned Trial Court vide order dated 29.08.2023 framed charges against all the accused persons under Sections 20 (c)/29 of the NDPS Act.

6. The first bail application preferred by the applicant was dismissed by the learned Trial Court vide order dated 27.08.2022. Thereafter, the application preferred by the applicant before this Court was withdrawn vide order dated 01.03.2023 with liberty to approach the learned Trial Court in view of the filing of the chargesheet and the supplementary chargesheet.

7. The second bail application preferred by the applicant was also dismissed by the learned Trial Court vide order dated 15.04.2023 considering the gravity of the offence, the role attributed to the applicant. Thereafter, the applicant had filed a second bail application before this Court which was dismissed vide order dated 11.10.2023. This Court, on that occasion, had noted that all the accused persons were travelling together in a vehicle from which commercial quantity of ganja was recovered. Consequently, the bail application filed by the applicant was dismissed. Further, the SLP filed by the applicant challenging the order of dismissal was also subsequently dismissed by the Hon’ble Apex Court vide order dated 19.10.2023.

8. The third bail application filed by the applicant before the learned Trial Court was also dismissed vide order dated 01.04.2024. The applicant had sought liberty to file an appropriate application before the Hon’ble Apex Court seeking clarification whether a fresh application can be entertained in view of the change in circumstances that the trial had not proceeded. In view of the same, the third bail application preferred by the applicant was withdrawn and disposed of accordingly by this Court vide order dated 28.08.2024. The applicant has now appr