Foreign national accused of possessing 344 grams heroin sought regular bail citing trial delay after over three years and nine months' custody. Reviewing the digitised trial court record, the court found repeated bail applications by the accused had protracted proceedings; no genuine trial delay was found. Bail dismissed.
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KHUJA AGHA SAFI .....Petitioner Through: Counsel for petitioner (appearance not given)
versus
CUSTOMS .....Respondent Through: Ms. Simran Khorana, Advocate for Customs
CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL)
Bail Application 36/2025 Page 1 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA KATHPALIA Date: 2025.07.03 17:40:29 +05'30'
Signature Not Verified
Digitally Signed By:NEETU N NAIR Signing Da te:0 3.07.2025 17:50:15
bail, as he is in jail since three years nine months. In response, learned counsel for respondent submitted that the delay in trial is only on one of the grounds but it cannot make Section 37 NDPS Act redundant.
6.1 This submission is not wrong. But it is reflected from the trial court record that on 24.08.2024, the trial was adjourned to 20.11.2024 for further evidence of prosecution but on 24.10.2024, the accused/applicant filed yet another bail application, which was posted for 06.11.2024 by the trial court;
Bail Application 36/2025 Page 2 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA KATHPALIA Date: 2025.07.03 17:40:56 +05'30'
Signature Not Verified
Digitally Signed By:NEETU N NAIR Signing Da te:0 3.07.2025 17:50:15
on 06.11.2024, another bail application was received by the trial court from jail and counsel for accused/applicant prayed that both bail applications be listed on 20.11.2024, which request was accepted; but on 20.11.2024, the learned trial judge being on training, the matter was adjourned to 22.01.2025. In the meanwhile, on 29.11.2024, counsel for accused/applicant moved yet another bail application and the same was posted for 10.12.2024 after supplying copy to the Customs. On 10.12.2024, after addressing partly, counsel for accused/applicant withdrew the bail applications, so the matter was posted for the date already fixed i.e. 22.01.2025. But again, on 12.12.2024, yet another bail application was filed on behalf of the accused/applicant and the same was posted for consideration by the trial court on 13.12.2024. On 13.12.2024, copy of that bail application was supplied to Customs and the matter was listed for arguments on 20.12.2024. On 20.12.2024, the bail application was dismissed. Thereafter, on 22.01.2025, the date fixed for trial, one witness was present but had to be discharged unexamined because due to non-availability of force on account of Republic Day arrangements, the accused/applicant could not be produced from jail, so the matter was adjourned to 04.04.2025 and 05.04.2025. On 04.04.2025 and 05.04.2025, the matter had to be adjourned as case property was not summoned. On the next date 17.04.2025, due to fault of the Ahlmad summons were not issued to the witnesses and matter was adjourned to 30.04.2025, followed by 04.06.2025 and 08.08.2025, copies of which orders have not been received from trial court.
Bail Application 36/2025
Page 3 of 4 pages GIRISH Digitally signed by GIRISH KATHPALIA KATHPALIA Date: 2025.07.03 17:41:13 +05'30'
Signature Not Verified
Digitally Signed By:NEETU N NAIR Signing Da te:0 3.07.2025 17:50:15
9. Therefore, the bail application is dismissed.
Digitally signed GIRISH by GIRISH KATHPALIA KATHPALIA Date: 2025.07.03 17:41:29 +05'30'
GIRISH KATHPALIA (JUDGE)
JULY 3, 2025 ‘ rs’
Bail Application 36/2025
Page 4 of 4 pages
Signature Not Verified Digitally Signed By:NEETU N NAIR Signing Da te:0 3.07.2025 17:50:15
1 issue framed by the court
Whether delay in trial entitled a foreign national accused of heroin possession in commercial quantity to bail notwithstanding Section 37 NDPS Act rigours.
2 provisions across 1 enactments
Khuja Agha Safi
Customs
Girish Kathpalia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
