SARVAN KUMAR Vs. STATE (NCT OF DELHI

JUDGEMENT

(1.) Both these bail applications are taken up together for disposal by this common order, as the same have been moved by the two accused, in FIR No. 79/2015, registered under Ss. 20/29 of Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, at Police Station Crime Branch, Delhi.

(2.) The allegations against the present applicants/accused are that on 26/5/2015, secret information was received by ASI Narinder Khatri posted at Narcotic Cell, Crime Branch, at around 5:15 AM that the accused Ranjeet Kumar was a supplier of Ganja, procuring the same from one Rekha and would be coming near Ranjit Singh Flyover, Mir Dard Road, Red Light to supply it to co-accused Sarvan Kumar. A raiding team was constituted and, at 6:40 AM. Sarvan Kumar was found walking from Turkman Gate, Zakir Hussain Red Light side and he stood by the Red Light. After some time, Ranjeet Kumar came in a three wheeler and handed over a weighty white plastic bag to Sarvan Kumar. Before the two of them could leave the spot, they were apprehended. Thereafter, all requisite proceedings were initiated and they were found to be in possession of 21 Kgs. of Ganja. The case was registered and, presently, the trial is pending.

(3.) Mr. Rakesh Kumar Giri, learned counsel for the applicants, submits that the applicants/accused have been facing trial for the offences under Sec. 20 read with Sec. 29 of the NDPS Act for the last more than 7 years, throughout which time, they have remained in judicial custody. Reliance has been placed on the decision of the Supreme Court in Supreme Court Legal Aid Committee representing Undertrial Prisoners Vs. Union of India and ors., 1994 (6) SCC 731 and the decisions of the Co-ordinate Benches of this Court, relying on the said decision of the Supreme Court, being Atul Aggarwal Vs. Directorate of Revenue Intelligence (BAIL APPLN. 2477/2021, order dtd. 21/12/2021), Anil Kumar @ Nillu Vs. State (BAIL APPLN. 1724/2021, order dtd. 21/3/2022) and Kartik Dangi Vs. State of NCT of Delhi (BAIL APPLN. 2872/2021, order dtd. 16/12/2021), to submit that the delay in the trial entitles the applicants to bail. The learned counsel submitted that the minimum sentence prescribed under Sec. 20 of NDPS Act for allegedly being in possession of commercial quantity of Ganja was 10 years and the applicants had already remained in judicial custody for more than half of the said minimum sentence.