“At this stage, no ground for bail is made out against the accused. Accordingly, the application stands rejected. However, considering that 17 witnesses are yet to be examined by the trial court and the accused is in judicial custody for more than six years, the trial court is requested to expedite recording of evidence in the present case and conclude trial within six months” Justice Swarana Kanta Sharma said.
The high court noted it was a case where heavy and commercial quantity of contraband was recovered from the car of accused Anuj Kumar Upadhyay.
“Further during the investigation, it was also uncovered that several such transactions have taken place in past, running through different states in the country. In light of such facts and circumstances, merely because the applicant has been in custody for a long duration cannot be the sole ground for releasing him on bail by totally ignoring the mandate and restrictions imposed under Section 37 of NDPS Act and the seriousness of the offence,” it said.
According to the prosecution, on July 5, 2016 the police had received a secret information that a man named Daya Shankar Rai was involved in procuring and trafficking ganja from Odisha via Moradabad in UP along with his associate Anuj, a taxi driver.
Based on the information, the police caught both the accused in a taxi near Pragati Maidan in the national capital and 80 kg ganja was recovered from them, the prosecution said. An FIR was lodged and samples were sent to forensic laboratory for testing.
Seeking bail, Upadhyay’s counsel submitted being just the driver of the vehicle he was not in ‘conscious possession’ of the contraband.
The prosecutor opposed the bail plea, saying the allegations against the accused were serious in nature and he was found in ‘conscious possession’ of the drug. PTI SKV SKV SK