The Delhi High Court granted bail to accused, who was arrested under Section 20 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act in connection with the alleged recovery of 21.508 kg of ganja. The Court observed that while the seized quantity was technically above the threshold for “commercial quantity” (20 kg), the excess was marginal and did not justify continued incarceration, especially given the prolonged pre-trial detention.
Justice Arun Monga noted that the accused had already spent nearly three years in judicial custody since August 10, 2022. Despite this, only 3 of the 18 prosecution witnesses had been examined, and the delay was not attributable to the accused.
Justice Monga relied on precedents where courts had granted bail in similar cases involving marginal excess over the commercial limit and prolonged custody. The Court emphasized that rigid application of Section 37 of the NDPS Act was not warranted in this context.
The Court directed that the accused be released on bail upon furnishing appropriate bonds and sureties, subject to conditions to be determined by the Trial Court. It clarified that the observations were limited to the bail plea and would not affect the merits of the case.
Appearances:
Petitioner: Mr. Aditya Aggarwal, Mr. Manas Aggarwal, Mr. Naveen Panwar, Mohd. Yasir and Mr. Manvi Gupta, Advs.
Respondent: Ms. Priyanka Dalal, APP for State. SI Rajendra Meena, Anti-Narcotics, Squad West, Delhi.
