2017 (11) TMI 741 - DELHI HIGH COURT - Indian Laws

Head Note / Extract:
Grant of Regular Bail under Sections 21 (c), 23(c) read with Section 50-A of the NDPS Act - Held that:- From the perusal of the record it transpires that the petitioner was apprehended from the spot by the raiding team after he took the delivery of the alleged parcel which contained 185 grams of cocaine. At the time of the search, the respondents have complied with the provisions envisaged under the statue and served him notice under Section 50 of the NDPS Act and also conducted the search in presence of independent witnesses and from 24.06.2013 he is in custody. The case is at the stage of prosecution evidence and the prosecution has already examined 19 witnesses out of 21 witnesses and trial is on its last legs. Further the charged offence is serious in nature which is punishable with imprisonment which may extend to twenty years. Moreover, the possibility of the petitioner fleeing from justice being a foreign national cannot be ruled out. Taking into consideration the gravity of the offences alleged, this court does not deem it a fit case to grant bail to the petitioner.