Justice Chandra Dhari Singh was hearing the regular bail application under the Narcotics, Drugs and Psychotropic Substances Act, 1985, filed by Mahesh, who was allegedly found to be in possession of 20 grams of Ecstasy.
The investigation against him was complete and charge sheet was filed before the Sessions Court. Charges were framed against him under Section 22 and 29 of the NDPS Act.
The High Court observed that till date, out of total 14 witnesses only two witnesses have been examined and as such there is no probability of the trail being concluded in the near future.
Case of the Applicant
Applicant denied all the allegations as false and fabricated. The counsel for the petitioners submitted that he has been languishing in jail for more than 4 years as an under trial accused, whereas the main accused against whom there is an allegation of being in possession of 42 grams of Ecstasy has already been enlarged on bail.
Case of the Prosecution
The counsel for the State strongly opposed the Bail application and submitted that the contraband recovered from the Applicant was of commercial quantity. Further, CDR analysis of mobile phones of both the accused also confirms their proximity and presence at the place of delivery of contraband.
Observation of the Court
In the present case, the Court noted that neither the Status Report nor the App in the course of arguments has cited the previous involvement of the Application in any other criminal case, and as such the Applicant has clean antecedents.
“In light of the aforesaid facts and circumstances, prima facie the second condition prescribed under the section is satisfied. This Court is satisfied that there are reasonable grounds, based on the analysis of the provision in the foregoing paragraphs and its application to the facts of the case, that the Applicant praying for regular bail can be allowed indulgence of the Court.”
Further, it was observed that the main accused, charged with the possession of a large quantity of contraband and on the basis of whose statement the Applicant was arraigned, has already been released on bail.
Thus, it was of the opinion that the application of the Applicant merits indulgence on the ground of parity.
Case Details
Before: Delhi High Court
Case Title: Mahesh v. State
Coram: Hon’ble Mr. Chandra Dhari Singh
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