Drug trafficking case: Delhi HC grants bail to man who spent 9 yrs in jail as undertrial

New Delhi: The Delhi High Court granted bail to a person arrested in a drug trafficking case in 2012 over seizure of 150 kg of ketamine hydrochloride, saying that while offenders do not deserve any sympathy, it cannot ignore the plight of inmates languishing in jails due to delay in trials.

Justice Subramonium Prasad stated that deprivation of personal liberty without the assurance of speedy trial violates Article 21 of the constitution, and directed the release of the petitioner accused on a personal bond of Rs 1 lakh and two sureties of the like amount.

The judge observed that narcotics have a deleterious impact on the society and its consequences can be experienced across the board from causing economic issues to societal disintegration.

He, however, stated that in the present case, the petitioner was arrested nine years ago for offences punishable with minimum of 10 years imprisonment and in the absence of any pronouncement of conviction, the process itself became the punishment.

Deprivation of personal liberty without the assurance of speedy trial contravenes the principles enshrined in our constitution under Article 21, and is, therefore, unconstitutional to its very core. In such cases, in absence of the pronouncement of conviction, the process itself becomes the punishment. Nine years cannot be said to be a short period of time, said the court in its order dated December 21.

It has been nine years since he has been in custody. While remaining conscious of the fact that the gambit drug trafficking must be deterred with stringent punishments, and that those who indulge in such nefarious activities do not deserve any sympathy, courts must also not ignore the plight of the undertrials who remain languishing in jails as their trials are delayed with no end in sight, it added.

The court directed the petitioner to deposit his passport with the trial court and not leave the city without the permission of the trial court.

The court clarified that if the petitioner is found to be indulging in similar activities or tampering with evidence, his bail shall stand cancelled.

The petitioner, a customs house Agent, was arrested under the Narcotics Drugs and Psychotropic Substances Act following an intelligence input that a Delhi-based syndicate was dealing with an export consignment containing contraband drug at Air Cargo Complex, scheduled to be sent to Malaysia.

The prosecution opposed the bail application on the

ground that a commercial quantity of 151.980 kg of ketamine hydrochloride was recovered in the case.

It was submitted that the petitioner has already admitted his role in the export of contraband to various countries and his admission also resulted in the seizure of one more consignment of 300 kg of ketamine dissolved in rose water.

The petitioner sought bail on the ground that he had already spent in jail more than half of the minimum punishment prescribed under the statute and his continued incarceration was a gross violation of his right to life and personal liberty.

It was also claimed that the petitioner was merely a forwarding agent and was not aware of the contraband material being concealed in the packages.