SOLETO JUSTNIANO FERNANDO TITO Vs. NARCOTICS CONTROL BUREAU

JUDGEMENT

(1.) By way of instant application under Sec. 439 of the Code of Criminal Procedure, 1973 ("Cr.P.C."), the applicant seeks regular bail in case bearing No. VIII/19/DZU/2017 registered at Police Station Narcotics Control Bureau under Ss. 21/23/29 of Narcotic Drugs and Psychotropic Substances Act, 1985 ("NDPS Act').

(2.) The case of the prosecution, in brief, is that based on an information received, the applicant/accused, a citizen of Bolivia, who had arrived via flight No. ET-686 STA, was intercepted on 13/5/2017 near the Gate at Terminal 3 of Indira Gandhi International Airport. Upon enquiry, the applicant had disclosed that he had concealed capsules of cocaine inside his stomach which could be recovered with medical help. Thereafter, 50 capsules weighing 500 grams, containing white-coloured powder identified as cocaine, were recovered from the stomach of applicant at Safdurjang hospital, New Delhi from 13/5/2017 to 15/5/2017. As per prosecution, the applicant/accused in his statement under Sec. 67 NDPS Act had disclosed that the contraband was given to him by his cousin to deliver in India and that he had initially swallowed 80 capsules but in the middle of the journey, he had vomited about 30 capsules at Sao Paulo Airport, Brazil.

(3.) Learned counsel for the applicant/accused submits that applicant was arrested on 16/5/2017 and has been in judicial custody since then. It is stated that the present application is not being pressed on merits but only on the ground that since the applicant has been in judicial custody for more than 06 years, he will be entitled to bail in view in view of decision of Hon'ble Apex Court in Satender Kumar Antil v. Central Bureau of Investigation (2022) 10 SCC 51 and Supreme Legal Aid committee (Representing undertrial prisoners) v. Union of India (1994) 6 SCC 731, as well as several other decisions of Hon'ble Apex Court and this Court. It is thus stated that considering the duration of custody of the applicant and the fact that there is a delay in trial, the present application be allowed.