Delhi HC grants bail to drug case accused after 2 years without trial

Delhi High Court has granted bail to Yusuf Aajam, accused in a drug cartel case, after two years in custody without trial. The court cited long detention, parity with co-accused, and that the drugs were from licensed stock as reasons.

The Delhi High Court has recently granted bail to a man who is an accused in a drug cartel case after two years of custody without trial, as the trial proceedings are yet to be commenced. The accused was arrested by the Delhi Police Special Cell on April 8, 2024, in connection with a huge recovery of contraband from another person.

Court's Rationale for Granting Bail

Justice Anup Jairam Bhambhani granted bail to the accused Yusuf Aajam after considering various facts, including long custody without trial, parity with other accused enlarged on bail, a large number of prosecution witnesses cited by the Prosecution and the drugs recovered were part of licenced stock. Justice Bhambhani observed, "Especially in view of the legal challenge raised by the petitioner under section 42 of the NDPS Act, and the admitted fact that the pharmaceutical drugs recovered were part of licensed stock, and the evident delay in trial, this court is of the view that at this stage, the petitioner has been able to make out a case for grant of regular bail, the rigours of section 37 of the NDPS Act notwithstanding."

"Accordingly, the petitioner Yusuf Aajam is admitted to regular bail subject to the conditions of furnishing a personal bond in the sum of Rs 50,000 with two sureties in the like amount from family members, to the satisfaction of the learned trial court," Justice Bhambhani ordered on May 30.

While granting bail, the High Court found merit in the submission made by advocate Akshay Bhandari, "Pre-trial detention cannot be permitted to assume the character of punitive detention, especially where trial has not commenced and will inevitably take time, especially in view of the number of witnesses cited by the prosecution."

Parity with Co-Accused a Key Factor

Justice Bhambhani said, "It is also not without significance that co-accused Rahul Varshney and Tushar Aggarwal, who are alleged to form part of the same transactional chain between the petitioner and Zubair, have already been granted regular bail."

Prior Involvement Not a Bar to Bail, Court Rules

The bench rejected the contention of the prosecution that the accused is involved in other cases also. The High Court, "It is the settled position that though criminal antecedents are relevant, prior involvement alone without any conviction, and absent a demonstrated misuse of liberty, cannot override all other factors."

Advocate Akshay Bhandari, counsel for the accused Yusuf Aajam, argued that none of the past involvements has culminated in the petitioner being convicted, and therefore, such involvements cannot, by themselves, justify the petitioner's continued pre-trial incarceration in the present matter.

He also raised the issue of the delay in the trial, asserting that he has been in custody for more than 02 years; but that charges have yet to be framed; and that 44 prosecution witnesses have been cited in the charge-sheet, thereby clearly indicating that the trial is likely to be protracted.

Prosecution's Opposition and Case Background

While opposing the prayer for bail, the prosecution submitted that the present case involves a well-organised drug trafficking network, in which the petitioner plays a central and indispensable role.

Additional Public Prosecutor (APP) Shubhi Gupta traced the genesis of the case to the secret information received on 06.10.2023 regarding Faizan Beg, who was alleged to be planning to transport a large quantity of narcotic substances. She submitted that part of a large ring of drug traffickers, one Zubair disclosed that he had procured contraband from co-accused Rahul Varshney and Tushar Aggarwal, who were arrested on 04.04.2024; and based on their interrogation, the petitioner was arrested on 08.04.2024. (ANI)

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