Delhi HC Grants Bail to South African National in NDPS Case After 4 Years in Custody

The Delhi High Court granted bail to the South African national, who had been in custody in connection with an NDPS case relating to the recovery of heroin at Indira Gandhi International Airport, New Delhi. Justice Arun Monga observed that the applicant had already undergone more than four years of incarceration since June 27, 2021, while the trial had progressed at a “snail’s pace,” with only 6 out of 14 witnesses examined despite the charge sheet being filed in December 2021.

The case arose when the applicant, along with a co-accused, was arrested after Customs officials recovered over 18 kilograms of suspected heroin, concealed in boxes of Bokomo Weet-Bix and coffee bags. Applicant was subsequently charged under Sections 8, 21, 23, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

In the bail application, the applicant relied on Satender Kumar Antil vs. CBI (2022) 10 SCC 51 to contend that delays in the trial constituted a valid ground for bail, and in such a case, the bar under Section 37 of the NDPS Act would not apply. The prosecution, on the other hand, argued that the applicant had been found in possession of the ‘commercial quantity’ of heroin, invoking the absolute bar on bail under Section 37 of the NDPS Act.

The Court examined the investigative record and noted that the investigating officer had admitted that the seized substances were mixed before sampling, making it impossible to ascertain the weight of individual packets. This raised significant doubts regarding the prosecution’s claim that the applicant was in possession of the commercial quantity of heroin. The Court further observed that since the investigation was complete, the evidence was primarily documentary in nature, and most witnesses were NDPS officials, there was little risk of evidence tampering or influencing witnesses.

Based on these observations, the court granted bail to the applicant, subject to the following conditions:

1. The applicant shall furnish a personal bond with a solvent surety to the satisfaction of the trial court.
2. The applicant shall provide the trial court with his residential address in Delhi.
3. The applicant shall give an undertaking to the trial court that he will report to the Investigating Officer every two weeks during the pendency of the trial.
4. The applicant shall not leave the territorial jurisdiction of the National Capital Region (NCR) without prior permission of the trial court. The trial court shall take an undertaking to that effect.
5. The applicant’s passport shall remain impounded.
6. Any involvement in a repeat offence while on bail shall entitle the prosecution to seek cancellation of bail.

Lastly, the Court clarified that observations made while deciding this bail plea were limited to the bail application and shall not influence the trial on merits.

Appearances

Petitioner- Mr. Akshay Bhandari, Mr. Anmol Sachdeva, Mr. Janak, Mr. Kushal Kumar and Ms. Megha, Advocates.

Respondent– Mr. Puneett Singhal, SPP