Delhi High Court Grants Bail To Two Incarcerated For 7 Yrs Over Alleged Recovery Of 21 Kg 'Ganja'

The Delhi High Court has granted bail to two men who were incarcerated for about 7 years and 2 months for having been allegedly found in possession of 21 KGs of 'ganja'.

Justice Asha Menon noted that the minimum sentence prescribed for the offence was 10 years rigorous imprisonment whereas, both the men were incarcerated since 26th May, 2015 i.e. for 7 years and 2 months.

"A certain latitude is possible in the present case," the Court said while granting bail to Sarvan Kumar and Ranjeet Kumar in an FIR registered under sec. 20 and 29 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

According to the prosecution's case, on 26th May, 2015, a secret information was received at Narcotic Cell, Crime Branch, that the accused Ranjeet Kumar was a supplier of Ganja, procuring the same from one Rekha and would be supplying it to co-accused Sarvan Kumar.

A raiding team was constituted and the two men were apprehended. Thereafter, all requisite proceedings were initiated and they were allegedly found to be in possession of 21 Kgs of Ganja. The trial is pending in the matter.

The Court noted that the latest Status Report filed revealed that out of 15 witnesses, 12 witnesses were already examined.

"No doubt, in the present case, 21 Kgs. of Ganja were allegedly recovered from the possession of the accused persons, the commercial quantity being 20 Kgs. It is also no doubt pointed out that out of 15 witnesses, 12 witnesses have been examined. The time granted vide order dated 13th September, 2021 would conclude by the end of this year. These are, no doubt, relevant facts," the Court said.

Accordingly, bail was granted to the applicants.

Case Title: SARVAN KUMAR ALIAS KISHAN v. THE STATE (NCT OF DELHI)

Citation: 2022 LiveLaw (Del) 674

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