Criminal Procedure Code, 1973
Section 439—Regular bail—NDPS case—Applicant is facing trial for commission of offence under Section 21 of NDPS Act—Allegations against applicant are that he was involved in the supply of cocaine in Delhi, and recovery of 310 grams of cocaine was made from the applicant which is a commercial quantity—Prayer for grant of bail in terms of decision of Hon’ble Apex Court in Supreme Court Legal Aid Committee (Representing under-trial prisoners) v. Union of India, (1994) 6 SCC 731 considering his period of custody i.e. almost 6 years and 7 months—Punishment prescribed under Section 21 of the Act in cases of commercial quantity is rigorous imprisonment for a term which shall not be less than ten year but which may extend to twenty years, along with fine—In such category of cases, the Hon’ble Apex Court in (1994) 6 SCC 731 vide direction (iii) had ordered the release of those under-trial prisoners who had been in jail for more than five years in cases where minimum imprisonment was of ten years—Bail granted.
[Paras 6, 12 & 13]