Najir Hussain v. State Through SHO Special Cell

1. The present petition has been filed under Section 483 read with Section 528 of BNSS for grant of regular bail in connection with FIR No. 65/2022 under Section 21/25/29 of the NDPS Act registered at PS Special Cell.

2. The case of the prosecution is that on 24.03.2022, a secret information was received regarding two inter-state drug traffickers namely, Dinesh Singh and Najir Hussain (petitioner), both resident of Gazipur, UP who were arriving in Delhi for delivery of consignment of drugs near Bus Stand Sarai Kale Khan, in vehicle no. BR01 BB 6026. A raiding team was constituted to conduct raid under the supervision of senior officers and at about, 04:45 AM, one Maruti SX[4] car no. BR 01 BB 6026 was intercepted coming from Meerut-Delhi Expressway towards Ashram. Accused Najir Hussain (petitioner) and Dinesh were apprehended with the help of staff near Bus Stand Sarai Kale Khan.

3. The search of accused persons was made in the presence of ACP/ Special Cell/SR and 03 kg Heroin was recovered from the possession of the petitioner and 03 Kg Heroin was recovered from the possession of accused Dinesh Singh. Another 4 Kg brown powder was also recovered from the secret cavity of car no. BR 01 BB 6026, specially designed to conceal and transport the illegal narcotic drugs. Both the accused persons were thereafter arrested on 24.03.2022.

4. The learned counsel for the petitioner submits that the petitioner is in custody since 24.03.2022 and the trial is still at the initial stage, inasmuch as only 04 witnesses have been examined out of total 20 witnesses cited by the prosecution, therefore, the trial is going to be a protracted one.

5. He submits that it is not the case of the prosecution that the petitioner has criminal record. Further, the petitioner has also been granted interim bail on one occasion and the liberty so granted to him was not misused. Further, the petitioner’s jail conduct is satisfactory. He, therefore, contends that petitioner may be enlarged on bail.

6. Per contra, the learned APP has argued on the lines of status report. He submits that since the quantity recovered from the present petitioner is commercial, the rigors of Section 37 of NDPS Act, 1985 will be attracted. He, therefore, urges the Court that the petitioner is not entitled to bail.

7. I have heard the learned counsel for the petitioner, as well as, learned APP for the State and have perused the records.

8. A perusal of the nominal roll shows that the petitioner is in custody since 24.03.2022 and has completed almost 03 years of custody. The status report also reveals that the prosecution has cited as many as 20 witnesses, of which only 04 prosecution witnesses have been examined till date. The conclusion of trial will thus, take time. Further, the petitioner does not have criminal antecedents.

9. The nominal roll also shows that the jail conduct of the petitioner is satisfactory. He was also granted interim bail once from 03.02.2024 to 09.02.2024 and the liberty so granted to him was never misused.

10. At this stage, apt would it be to refer to the decision of Hon’ble Supreme Court in Rabi Prakash v. State of Odisha, 2023 SCC OnLine SC 1109,wherein it was observed as under:

11. Likewise, in Naeem Ahmed Alias Naim Ahmad vs. Govt. of NCT of Delhi, 2024 SCC OnLine SC 220, the Hon’ble Supreme Court granted bail to the accused from whom commercial quantity of contraband was recovered, having regard to his custody of 01 year and 11 months, the fact that the accused had no criminal antecedents and that the conclusion of trial would take time. The relevant paras of the decision reads as under:

12. In view the above decisions and taking into consideration the totality of circumstances, especially the period of custody undergone by the petitioner, his clean antecedents and the fact that the trial is still at the initial stage, the conclusion of which would take time, this Court is of the view that the petitioner is entitled to grant of regular bail.

13. Accordingly, the petitioner is admitted to regular bail subject to his furnishing a personal bond in the sum of Rs. 50,000/- with one surety of the like amount to the satisfaction of the learned Trial Court/JMFC/Duty JM, further subject to the following conditions: