KHUJA AGHA SAFI vs CUSTOMS

Judgment text excerpt

$~2 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 03.07.2025 + BAIL APPLN. 36/2025 KHUJA AGHA SAFI .....Petitioner Through: Counsel for petitioner (appearance not given) versus CUSTOMS .....Respondent Through: Ms. Simran Khorana, Advocate for Customs CORAM: JUSTICE GIRISH KATHPALIA JUDGMENT (ORAL) 1. The accused/applicant seeks regular bail in case Complaint No. VIII(AP)(10)P, for offence under Sections 8/21/23/28 of NDPS Act, registered at Customs. 2. Broadly speaking, the contraband allegedly recovered from the accused/applicant was 344 grams of heroin. The accused/applicant is a foreigner whose Visa and Passport have already expired. The contraband allegedly recovered from the accused/applicant being admittedly a commercial quantity, the rigours of Section 37 of NDPS Act come into play. 3. On last date, learned counsel for accused/applicant submitted that on ground of delay in trial, the accused/applicant deserves to be released on Bail Application 36/2025 Page 1 of 4 pages Signature Not Verified GIRISH Digitally signed by GIRISH KATHPALIA Digitally Signed KATHPALIA Date: 2025.07.03 17:40:29 +05'30' By:NEETU N NAIR Signing Date:03.07.2025 17:50:15 bail, as he is in jail since three years nine months. In response, learned counsel for respondent submitted that the delay in trial is only on one of the grounds but it cannot make Section 37 NDPS Act redundant. 4. In order to examine as to if there is any delay in trial, digitized record of trial court was requisitioned, which has now been received and perused. 5. Going by the trial court record, I am unable to find it to be a case of delay in trial. Most of the dates of hearings were exhausted by the accused/applicant by initially moving an application under Section 207 CrPC, followed by application for tr