9 Years In Custody; Trial Not Complete : Delhi High Court Grants Bail To NDPS Accused; Says Process Becoming Punishment

The Delhi High Court has granted bail to a man who was in custody for 9 years in an NDPS case observing that while drug trafficking must be deterred with stringent punishments, plight of the undertrials cannot be ignored.

"Deprivation of personal liberty without the assurance of speedy trial contravenes the principles enshrined in our Constitution under Article 21, and is, therefore, unconstitutional to its very core. In such cases, in absence of the pronouncement of conviction, the process itself becomes the punishment. Nine years cannot be said to be a short period of time," Justice Subramonium Prasad observed.

The judge added:

"While remaining conscious of the fact that the gambit of drug trafficking must be deterred with stringent punishments, and that those who indulge in such nefarious activities do not deserve any sympathy, Courts must also not ignore the plight of the undertrials who remain languishing in jails as their trials are delayed with no end in sight."

The Court was dealing with a bail plea in a case registered by the Directorate of Revenue Intelligence for the offences punishable under sec. 9A, 21, 23, 25A of the Narcotics Drugs and Psychotropic Substances Act, 1985.

An intelligence tip was received by the agency revealing that a Delhi-based syndicate was engaged in drug trafficking by way of concealment in export consignments and that one export consignment containing contraband drug was lying at Air Cargo Complex which was scheduled to be exported to Malaysia.

The recovery of white crystal powder weighing 151.980 kgs was seized under the NDPS Act with all its packing material and other goods used for concealment of the ketamine. Pursuant to the recovery, a search was conducted of the premises of the alleged syndicate.

The statements recorded in the matter stated that the export documents were to be provided by the Petitioner and that he was paid a sum of Rs.3,00,000 per consignment.

In his statement, the petitioner stated that in the year 1996-97, he joined United Cargo where was engaged in cargo clearance. Further he stated that one Kulwinder Singh, who earlier used to work with him introduced him to Paramjeet Singh Gulati, who told him that he exported various narcotic substances. He stated that he joined Paramjeet Singh Gulati in exporting narcotic substances.

The Petitioner was arrested on July 20, 2012 and his bail plea was rejected in August 2013 where after charges were framed in 2014. Subsequently, three other bail pleas were rejected by the Trial Court.

Hearing both the parties, the Court was of the view thus:

"Therefore, the consequences of dealing of drugs and drug abuse can be experienced across the board, from causing economic issues to societal disintegration. The purpose of enacting the NDPS Act was to curb this menace, and this purpose must be borne in mind while considering the grant of bail pertaining to the NDPS Act."

However the Court also took note of the fact that the Petitioner was arrested in 2012 and had been in custody for last nine years.

"With minimum imprisonment of 10 years as stipulated under these offences, an undertrial is to be released if he has been in jail for not less than five years. However, in the case herein, the Petitioner has been in custody for more than 9 years. Therefore, the petitioner is squarely covered by the aforementioned judgment," the Court said while relying on the judgment of Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) v. Union of India.

Accordingly, bail was granted to the petitioner.

Title: ATUL AGGARWAL v. DIRECTORATE OF REVENUE INTELLIGENCE

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