VED PRAKASH Vs. STATE

JUDGEMENT

(1.) Present application has been moved for regular bail in case FIR No.0040/2015 under Sec. 21 (1) of NDPS Act, 1985 registered at PS Special Cell.

(2.) Case of the prosecution is that on the basis of surveillance and intelligence inputs, accused Ram Pal was apprehended on 24/5/2015 and from his possession 1 kg heroine was recovered from the dickey of his motorcycle no. DL-13SG 2747. During the course of investigation accused Rampal disclosed that recovered heroine was purchased by him from the present petitioner namely Ved Prakash @ Mistri. On the basis of this information the petitioner was arrested on 25/5/2015. Subsequently, other accused persons namely Shabrati Shah @ Sabir and Shakir Ali were also arrested. After investigation, the charge sheet was filed against the accused persons and the charges were framed on 30/10/2017.

(3.) Learned counsel for the petitioner submits that as per the custody certificate issued by office of the Deputy Superintendent of Prison, Central Jail No.03, Tihar, New Delhi dtd. 31/12/2022, petitioner has undergone custody of 5 years, 3 months and 19 days. Learned counsel submits that since the custody of the petitioner is of more than 5 years, he is entitled to be admitted to bail in view of the judgment of the Supreme Court in Supreme Court Legal Aid Committee vs. Union of India (1994) 6 SCC 731. Learned counsel submits that coordinate benches of this court have followed the judgment of the supreme court and granted bail to the persons whose custody in cases are beyond five years. Reliance has been placed upon the order dtd. 7/9/2022 in Bail Appln. No.1182/2022 titled Jagannath vs. State (NCT of Delhi), order dtd. 24/11/202 in Bail Appln.2737/2022 titled Nabi Alam @ Abbas vs. State (Govt. of NCT of Delhi) and judgment dtd. 14/12/2022 in Bail Appln.2630/2022 titled as Johri vs. State (NCT of Delhi).