Case Note & Summary
The applicant, Akil Ahmed Ansari, filed a bail application under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) in connection with Special Case No.573 of 2023 registered by the Directorate of Revenue Intelligence (DRI), Nhavasheva-II, Mumbai Zonal Unit. The prosecution alleged that a secret information was received regarding a consignment containing narcotics being brought into India through UPS Courier Services. After following procedure, a controlled delivery operation was authorized by the Director General of NCB. The parcel was opened in the presence of panchas and found to contain 1.9 kg of MDMA (commercial quantity). The co-accused (A-1) came to take delivery and was apprehended. On inquiry, A-1 disclosed that the applicant had instructed him to book the parcel in his name and collect it. The applicant was arrested and later revealed that he had booked the parcel for A-3, who was also arrested but later released on bail. The applicant pressed the bail application solely on the ground of long incarceration, citing the Supreme Court's decision in Rabi Prakash v. State of Odisha (2023 SCC OnLine SC 1109). The respondent-DRI opposed bail, arguing that the offence was committed in a planned manner and the applicant was in possession of commercial quantity. The court considered the submissions and noted that the applicant had been in custody for a considerable period, had no criminal antecedents, and the trial was not likely to conclude soon. Relying on Rabi Prakash, the court held that prolonged incarceration without trial can be a ground for bail even in cases involving commercial quantity under the NDPS Act. The court granted bail to the applicant subject to conditions, including furnishing a PR bond of Rs.50,000/- with one or two sureties, not tampering with evidence, not leaving India without permission, and reporting to the DRI office once a month.
Headnote
A) Narcotic Drugs and Psychotropic Substances Act, 1985 - Bail - Long Incarceration - Section 37 - The applicant was arrested in connection with seizure of 1.9 kg MDMA (commercial quantity) and had been in custody for a considerable period. The court considered the right to speedy trial and the fact that trial was not likely to conclude soon. Relying on Rabi Prakash v. State of Odisha, the court held that prolonged incarceration without trial can be a ground for bail even in cases involving commercial quantity, subject to conditions. (Paras 1-9) B) Narcotic Drugs and Psychotropic Substances Act, 1985 - Controlled Delivery - Sections 8(c), 22(c), 23(c), 25, 27-A, 28, 29, 30 - The prosecution case involved a controlled delivery operation authorized by the Director General of NCB. The parcel containing MDMA was seized, and the applicant was implicated based on disclosure of co-accused. The court noted that the applicant had no criminal antecedents and was not found in actual possession of the contraband. (Paras 3-4)
Issue of Consideration
Whether the applicant is entitled to bail on the ground of long incarceration despite the bar under Section 37 of the NDPS Act, 1985?
Final Decision
The court allowed the bail application and directed the applicant to be released on bail on furnishing a PR bond of Rs.50,000/- with one or two sureties, subject to conditions including not tampering with evidence, not leaving India without permission, and reporting to the DRI office once a month.
Law Points
- Bail under NDPS Act
- Long incarceration
- Right to speedy trial
- Section 37 NDPS Act
- Rabi Prakash v. State of Odisha
