Delhi HC Grants Bail to Pharma Trader, Says Pre-Trial Detention Cannot Be Punitive

The case relates to proceedings initiated under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, in which Aajam had been in judicial custody for an extended period. While considering his bail plea, the High Court examined the stage of the trial, the period of incarceration already undergone by the accused and the progress of the prosecution's case.

The court noted that the trial was likely to take considerable time to conclude and emphasized that an accused cannot be kept behind bars indefinitely pending completion of proceedings. It observed that the constitutional guarantee of personal liberty must be balanced with the interests of justice.

During the hearing, the court considered submissions regarding the role attributed to Aajam, the evidence collected during the investigation and the status of witnesses in the case. The bench also took note of the fact that a substantial number of prosecution witnesses were yet to be examined.

The High Court reiterated that the object of pre-trial detention is to secure the presence of the accused during trial and not to impose punishment before guilt has been established through due process of law.

While granting bail, the court imposed conditions aimed at ensuring that the accused remains available for trial and does not influence witnesses or interfere with the judicial process. The court directed the accused to comply with all conditions stipulated in the bail order.

According to a recent media report in BW Legal World, the High Court observed that continued incarceration of the accused in the facts and circumstances of the case would amount to pre-trial punishment, a course that is not contemplated under criminal jurisprudence.

The court ultimately granted regular bail to Yusuf Aajam while directing him to adhere to the conditions prescribed by the court during the pendency of the trial.