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TMI Blog2023 (6) TMI 1440X X X X Extracts X X X X X X X X Extracts X X X X ..... d it has formed an opinion that the petitioner is not entitle for grant of bail. At this stage learned counsel for the petitioner contends that he is not seeking bail on merits of the case, but only on the ground of delay in trial. Petitioner was apprehended on 15.09.2019, the charge sheet came to be filed immediately during 2019. The prosecution has cited as many as 24 witnesses. A special Court is constituted to try the offences under NDPS Act. The pendency before the Court is about 1300. Invariably in many of these cases, the accused are in judicial custody. Under such circumstances, it is humanly impossible to dispose of all these matters in a time bound manner. Even though a person is entitled for protection of life and personal libert ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ccused is not entitled for grant of bail during trial - petition dismissed. - HON'BLE MRS. JUSTICE M G UMA For the Petitioner : (By Sri Tejas N., Advocate). For the Respondent: (By Sri Madhukar Deshpande, Advocate). ORDER PER 1. The petitioner-accused No. 1 is before this Court seeking grant of bail under Section 439 of Cr.P.C. in Crime No. DRI/BSU/S-IV/VNQ/30(INT-NIL) 2019 of Revenue Intelligence, Bangalore Zonal Unit, Bangalore pending in Spl.C.C.No. 150/2020 registered for the offences punishable under Sections 8(c) read with Section 21 (c), 23 (C), 28 and 29 of N.D.P.S. Act read with Section 135A of Customs Act. 2. Heard Sri Tejas N., learned Counsel for the petitioner and Sri Madhukar Deshpande, learned counsel for the respondent ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... Per contra, learned counsel for the respondent opposing the petition submits that, serious allegations are made against the petitioner for having committed the offences. The petitioner is the main accused who was found in conscious possession of 3000 Grams of hashish which is of commercial quantity, when he was about to fly to Doha. The check-in-luggage belonging to the petitioner was containing the contraband which was being smuggled illegally. The allegations against accused No.2 is that he was a conspirator for smuggling the hashish. He was never found in conscious possession of the contraband and therefore, the petitioner cannot seek parity with accused No.2. Learned counsel further submitted that as per the complaint filed by the respo ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n-luggage while flying from Bengaluru to Doha from Kempegouda International Airport. Respondent seized the contraband in the presence of panchas under seizure mahazar. A detailed complaint was also filed. No such allegations are made against respondent No.2 and nothing has been recovered from his possession. Therefore even though accused No.2 is enlarged on bail, the petitioner cannot seek parity with him. 10. On merits, the Co-ordinate Bench of this Court has already considered the petition filed by the petitioner and it has formed an opinion that the petitioner is not entitle for grant of bail. At this stage learned counsel for the petitioner contends that he is not seeking bail on merits of the case, but only on the ground of delay in tr ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... il. Under such circumstances, applying Article 21 of the Constitution of India, the accused cannot be enlarged on bail, ignoring the societal interest which is the paramount for any civilized society. 12. The clinching materials placed before the Court prima facie connects the petitioner to the commercial quantity of the contraband that was being smuggled. After investigation a detailed charge sheet is also filed. Examination of the witnesses and disposing of the cases within few months or at-least within a year or two, is an ideal situation but with the infrastructure provided when compared to the pendency of the case, such early disposal of cases is not a reality. In such an event, if the accused is enlarged on bail only on the ground tha ..... X X X X Extracts X X X X X X X X Extracts X X X X
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