DURGESH Vs. STATE

JUDGEMENT

(1.) The present bail application has been filed under Sec. 439 read with 436A and 482 of Cr.P.C. seeking regular bail in case FIR No. 63/2015 registered at PS Special Cell, New Delhi under Ss. 21/29/61/85 of Narcotic Drugs and Psychotropic Substances Act, 1985. Chargesheet qua the petitioner was filed under Sec. 419/468/471/474 of IPC, under Sec. 18/21/22/29/61/85 of NDPS Act. The petitioner was charged for offences under Sec. 21 r/w 29 and 18/22 r/w 29 of NDPS Act vide order dtd. 17/3/2018.

(2.) Learned counsel for the petitioner submits that admittedly the petitioner is in custody since 18/11/2015. Learned counsel submits that the petitioner has been incarcerated for the last 7 years and 6 months in jail, without completion of the trial.

(3.) It has been submitted that in view of the judgement of the Hon'ble Supreme Court in Supreme Court Legal Aid Committee Representing Undertrial Prisoners vs. Union of India (1994) 6 SCC 731, the petitioner should be enlarged on bail. In the said judgement, it was inter alia held as under: