KHUJA AGHA SAFI Vs. CUSTOMS

JUDGEMENT

(1.) The accused/applicant seeks regular bail in case Complaint No. VIII(AP)(10)P, for offence under Ss. 8/21/23/28 of NDPS Act, registered at Customs.

(2.) Broadly speaking, the contraband allegedly recovered from the accused/applicant was 344 grams of heroin. The accused/applicant is a foreigner whose Visa and Passport have already expired. The contraband allegedly recovered from the accused/applicant being admittedly a commercial quantity, the rigours of Sec. 37 of NDPS Act come into play.

(3.) On last date, learned counsel for accused/applicant submitted that on ground of delay in trial, the accused/applicant deserves to be released on bail, as he is in jail since three years nine months. In response, learned counsel for respondent submitted that the delay in trial is only on one of the grounds but it cannot make Sec. 37 NDPS Act redundant.