Ram Kishan v. State of NCT of Delhi

TALWANT SINGH, J OCTOBER 18, 2022/nk

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* IN THE HIGH COURT OF DELHI AT NEW DELHI % Order pronounced on 18.10.2022 + BAIL APPLN. 1759/2022 RAM KISHAN ..... Petitioner Through: Ms. Nitya Ramakrishnan, Sr. Advocate with Mr. Raghav Tankha and Ms. Rudrakshi Dev, Advocates. versus STATE OF NCT OF DELHI ..... Respondent Through: Mr. N.S. Bajwa, APP for State with SI Rohit, PS Crime Branch. CORAM: HON'BLE MR. JUSTICE TALWANT SINGH Talwant Singh, J.: 1. The petitioner has prayed for regular bail in case FIR No. 131/2016, PS Crime Branch registered under Section 20(ii)(c) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter referred to as NDPS Act), which is pending before the learned Special Judge. It has been submitted that the allegation against the petitioner is that 1.5 kg of Charas was recovered from the petitioner and he was engaged in supplying Charas to the youth of Delhi NCR. 1.1 The petitioner was apprehended on 22.07.2016 at 9.00 p.m. at Ghata Masjid Road and 1.5 kg of Charas was recovered from him. It is a crowded place but no public witness was joined at the time of alleged recovery. The prosecution's story is that the petitioner was served with a notice under Section 50 NDPS Act before search was conducted on him, however, no public witness had signed the said notice. The FSL submission form was not prepared in triplicate. The petitioner was arrested at 6.10 a.m. on 23.07.2016 and the present FIR was registered under Section 20 of the NDPS Act. The first regular bail was rejected by learned Special Judge on 02.11.2016. Charge-sheet under Section 20(ii)(c) of the NDPS Act was filed on 19.01.2017. Charge was framed on 17.04.2017. The second bail application was rejected on 11.05.2022, in which it was observed that the trial has been delayed on account of petitioner's counsel, which was in fact delayed because of non-availability of prosecution witnesses and the Presiding Officer being on leave. 1.2 The petitioner has prayed for bail on the grounds that he has been falsely implicated in the FIR and there is no public witness to corroborate the case of prosecution; no independent witness has signed the notice under Section 50 of the NDPS Act or other documents alleged to be prepared at the site by the IO; FSL form was not filed in triplicate which is a violation of guidelines laid down by the Narcotics Control Bureau; the learned Special Judge has erroneously opined that the trial has been delayed on account of adjournments sought by the learned defence counsel; the petitioner has been languishing in jail for approximately 6 years pending trial and has not been granted bail even once by any court of law. 1.3 It has been also submitted that delay caused by the prosecution is inordinate and the halt in the trial due to outbreak of the Covid-19 pandemic cannot be attributed to the petitioner in any manner. Moreover, in contravention of the settled position of law in catena of judgments, the magnitude of offence cannot be the only criterion for denial of bail. The prosecution has already collected the evidence and all the witnesses are police officials, therefore, there can be no apprehension of petitioner tempering with the evidence; grant of bail is the rule and its denial is an exception; Accused is presumed to be innocent until proven guilty; Status of an under-trial prisoner is distinguished from that of a convict and personal liberty of a person is put at a very high pedestal in the Constitution. 1.4 It is also submitted that petitioner is 27 years old and when he was arrested, he was the only bread earner of his family. It has been prayed that the petitioner be released on bail. 2. Notice was issued. 2.1 Status Report has been filed in which the fact regarding receipt of secret information, forming of raiding team and apprehension of the present petitioner has been mentioned. Notice under Section 50 of the NDPS Act was served to petitioner and his legal rights were explained to him as per law. Thereafter, his cursory search was conducted and