Introduction:

In the case titled Yahiya Khan v. The Union of India (Bail Appln./190/2024), the Gauhati High Court granted bail to Yahiya Khan, who was accused of possessing a commercial quantity of methamphetamine tablets. The Court’s decision was based on the undue delay in the completion of his trial, noting that Khan had been detained for over three years and eight months. Justice Mridul Kumar Kalita presided over the case, emphasizing the right to life and personal liberty under Article 21 of the Constitution of India, which outweighed the constraints imposed by Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985.

Arguments:

The petitioner, Yahiya Khan, was detained on October 14, 2020, along with two co-accused, for allegedly possessing 2.146 kg of methamphetamine tablets. The case was registered under Sections 8(C), 22 (C), and 29 of the NDPS Act on March 10, 2022. Khan’s counsel argued that despite a High Court order directing the Trial Court to expedite the trial within six months, the trial had not concluded. One of the co-accused was granted bail on November 18, 2023, due to prolonged incarceration, yet Khan remained in custody. The petitioner’s counsel cited the Supreme Court’s rulings that inordinate delays in trial should lift the embargo of Section 37 of the NDPS Act, prioritizing the accused’s fundamental rights under Article 21 of the Constitution. The counsel referenced the Apex Court’s judgment in Rabi Prakash v. State of Orissa 2023 LiveLaw (SC) 533 to support this claim.

The Standing Counsel for the Narcotics Control Bureau (NCB) opposed the bail plea, arguing that there was sufficient incriminating evidence against Khan, justifying the application of Section 37 of the NDPS Act. The counsel contended that prolonged incarceration alone does not establish a basis for bail unless it is demonstrated to be long enough to override the restrictions of Section 37. They argued that Khan’s period of detention was insufficient to warrant bail, as he had not completed half of the maximum sentence prescribed for the offense.

Court’s Judgment:

Justice Mridul Kumar Kalita noted that Khan had been detained for over three years and eight months and that the trial had not yet concluded. The Court referred to the Supreme Court’s decision in Mohd Muslim @ Hussain v. State (NCT of Delhi) 2023 SCC Online SC 352, which established that the grant of bail due to undue trial delays is not restricted by Section 37 of the NDPS Act. The Court concluded that Khan’s prolonged incarceration outweighed the restrictions of Section 37, entitling him to bail on these grounds alone.

Consequently, the Court granted bail to Khan under specific conditions, including a bond of Rs. 1,00,000/- with two sureties of like amount, one of whom must be a government servant residing in Assam, subject to the satisfaction of the Additional Sessions Judge, Kamrup (M).