HC grants relief due to delay in trial, parity with other accused

New Delhi: Delhi High Court recently granted bail to a man accused of operating a drug cartel after after noting that he has been in jail for more than two years without trial as the court proceedings are yet to begin.Yusuf Aajam was arrested by Delhi Police's special cell on April 8, 2024, after recovery of huge amounts of contraband from another person. While opposing the plea, the prosecution submitted that the case involved a well-organised drug trafficking network, in which the petitioner played a central and indispensable role.Justice Anup Jairam Bhambhani granted him bail after considering various facts, including long custody without trial, parity with other accused already on bail, a large number of prosecution witnesses to be examined and also the fact that drugs recovered were part of a licenced stock."This court is of the view that at this stage, the petitioner has been able to make out a case for grant of regular bail, the rigours of Section 37 of NDPS Act notwithstanding.... Accordingly, the petitioner is admitted to regular bail subject to the conditions of furnishing a personal bond in the sum of Rs 50,000 with two sureties in the like amount from family members," HC ordered.Aajam’s counsel submitted that pre-trial detention couldn’t be permitted to assume the character of punitive detention, especially where trial had not commenced and would inevitably take time, especially in view of the number of witnesses -- 44 -- cited by the prosecution.

The high court noted that "It is also not without significance that co-accused who are alleged to form part of the same transactional chain between the petitioner and Zubair have already been granted regular bail".The bench rejected the contention of the prosecution that the accused was involved in other cases, observing that, "It is the settled position that though criminal antecedents are relevant, prior involvement alone without any conviction... cannot override all other factors."Aajam also submitted that he had been in custody for more than two years; but that charges were yet to be framed.