Gauhati High Court grants bail to accused in NDPS case due to prolonged incarceration [Read Order]

Gauhati: The Gauhati High Court has recently granted bail to an accused in an NDPS case involving commercial quantities of contraband, primarily on the grounds of prolonged incarceration.

The court of Justice Mridul Kumar Kalita allowed the bail application of accused Yahiya Khan, who had been detained for over 3 years and 8 months.

The court noted that the petitioner was arrested on October 14, 2020, along with two co-accused, for allegedly possessing 2.146 kg of methamphetamine tablets. The quantity recovered from the petitioner individually (1.032 kg) was of commercial quantity.

Justice Kalita observed that though 12 witnesses were listed, only 10 had been examined so far, with the next date fixed for the re-examination of PW-10 on July 4, 2024. The court also noted that one co-accused, Shakil Khan, had already been granted bail by the trial court about 7 months ago on grounds of prolonged incarceration.

Referring to a catena of recent Supreme Court judgments, the court emphasized that "Prolonged incarceration generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution, and in such a situation, conditional liberty must override the statutory embargo created under Section 37(1)(b)(ii) of the NDPS Act."

The court observed that while Section 37 of the NDPS Act imposes restrictions on granting bail in cases involving commercial quantities, the Supreme Court has held that "grant of bail on the ground of undue delay in trial cannot be said to be fettered by Section 37 of the NDPS Act, 1985."

Justice Kalita stated: "In light of the observations made by the Apex Court, this Court is of the considered opinion that under the facts and circumstances of this case, there is an undue delay in the completion of the trial, and that the incarceration of the petitioner is long enough. He would be entitled to get bail on the ground of such prolonged incarceration, as in such a case, the right to life and personal liberty guaranteed to the petitioner under Article 21 of the Constitution of India would outweigh the fetters imposed under Section 37 of the NDPS Act, 1985."

In conclusion, the court allowed the bail application, directing the release of Yahiya Khan on a bail bond of Rs. 1,00,000 with two sureties, subject to several conditions. These include cooperating with the trial, not leaving the trial court's jurisdiction without permission, and not committing any similar offence while on bail.

[Read Order]