MOHD VAKIL Vs. STATE OF NCT OF DELHI

JUDGEMENT

(1.) The Present petition has been filed seeking regular bail under Sec. 439 Cr.P.C in case FIR No. 475/2018 dtd. 15/7/2018 registered under Sec. 20/25 of Narcotic Drugs and Psychotropic Substances Act, 1985 at PS Ranhola. Further, the Chargesheet has also been filed.

(2.) Brief Facts of the present case are that on 14/7/2018 at 11:00 a.m., a raiding team was constituted upon receiving information that one person namely Md. Vakil who was indulging in Ganja, would be coming from Rajiv Rattan Awas Colony side via Najafgarh Nangloi Road with a huge quantity of contraband. Thereafter, on 15/7/2018 one Maruti Eco was stopped wherein the present accused was driving and on the search of the car, plastic bags containing 23 Kgs of Ganja was recovered from the said car.

(3.) Learned counsel for the petitioner submits that the petitioner has been in custody since 15/7/2018 and has undergone custody for more than a period of five years and therefore he is entitled to bail, in view of Supreme Court Legal Aid Committee vs. Union of India (1994) 6 SCC 731. Learned counsel further submits that the said judgment is being followed by this court as well as the coordinate benches of this court vide order dtd. 7/9/2022 in Bail Appl. No. 1182/2022 titled Jagannath vs State (NCT of Delhi) and vide order dtd. 24/11/2022 in Bail Appl.2737/2022 titled Nabi Alam @Abbas vs State (NCT of Delhi)