ANIL KUMAR Vs. DIRECTORATE OF REVENUE INTELLIGENCE

JUDGEMENT

(1.) The present application under Sec. 439 read with Sec. 482 of the Code of Criminal Procedure, 1973 ("CrPC') has been filed on behalf of the applicant seeking regular bail in case SC No. 7256/2016, registered by the Directorate of Revenue Intelligence (hereinafter referred to as "DRI') for offences under Sec. 22, 27A, 29 and 30 of the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as "NDPS Act').

(2.) Briefly stated, the facts relevant for adjudication of the present application are as under:

(3.) Learned counsel appearing on behalf of the applicant seeks bail, primarily on the ground that the latter has been in judicial custody for more than 08 years now. It is submitted that the trial is ongoing and out of a total of 42 witnesses, only 25 have been examined by the prosecution. It is further submitted that the applicant is only an undertrial and has not yet been convicted of any offence and his prolonged incarceration, while on trial is contrary to the law. In support of his contention, learned counsel places reliance on a judgment of the Hon'ble Supreme Court in Supreme Court Legal Aid Committee (Representing Undertrial Prisoners) v. Union of India, 1994 6 SCC 731, wherein it has been directed as under: