LI Network
Published on: 1 August 2023 at 23:03 IST
In a recent ruling, the Delhi High Court has granted bail to a Bolivian citizen who had concealed 50 capsules of cocaine inside his stomach. The decision was based on the grounds that the accused had been in custody for more than six years, and the trial had not yet been concluded.
Justice Swarana Kanta Sharma, presiding as a Single Bench, stated, “Considering the duration of custody of more than 06 years and the fact that trial has not yet been concluded, this Court is inclined to grant regular bail to the present accused/applicant on furnishing a personal bond in the sum of Rs.1,00,000/- (Rupees One Lakh) with two sureties of like amount to the satisfaction of Trial Court/ Duty Magistrate/ Link Magistrate/ Successor Court.”
The accused had sought regular bail in a case registered under Sections 21, 23, and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). The foreign national had arrived at the Indira Gandhi International Airport via flight when he revealed to the authorities that he had swallowed capsules of cocaine. Subsequently, 50 capsules weighing 500 grams, containing white-colored powder identified as cocaine, were recovered from his stomach at a hospital.
According to the prosecution, the accused admitted in his statement under Section 67 of the NDPS Act that his cousin had given him the contraband to deliver in India. He had initially swallowed 80 capsules but had vomited about 30 capsules during his journey at Sao Paulo Airport, Brazil.
The High Court took into account the lengthy duration of the accused’s judicial custody, which began on 17th May 2017, lasting more than six years and one month. Notably, the charges he faces carry severe penalties, with rigorous imprisonment for a term ranging from ten to twenty years, along with a fine.
Advocate Adarsh Priyadarshi represented the petitioner/accused, while Senior Standing Counsel Subhash Bansal appeared for the respondent/NCB (Narcotics Control Bureau).
As of now, the Trial Court has four remaining witnesses to examine. The Court urged the Trial Court to expedite the recording of the remaining witnesses’ evidence and conclude the trial
within six months from the date of receiving the order.
In conclusion, the Delhi High Court granted bail to the accused based on the extended custody period and pending trial, offering him a chance for temporary release from detention.
