The Bombay High Court has granted conditional bail to a Customs House Agent ( CHA ) accused in a high-profile drug case involving the seizure of 191.60 kg of heroin. The applicant had been in custody for over three years without significant progress in the trial.
The Single Bench of Justice Bharat P. Deshpande, while pronouncing the judgment, emphasized that despite the filing of a complaint on February 2, 2021, and the trial court taking cognizance in April 2022, no substantial progress had been made. The applicant had been in custody since August 2021. “The conclusion of trial in the near future is a remote possibility,” observed the court.
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The case involves the seizure of a large quantity of heroin concealed in a consignment imported from Afghanistan.
The prosecution alleged the involvement of the bail applicant-partner in the CHA firm handling the consignment clearance. The Directorate of Revenue Intelligence ( DRI ) relied heavily on statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances ( NDPS ) Act, which, as clarified by the Supreme Court in Toofan Singh v. State of Tamil Nadu, are inadmissible as evidence.
Justice Deshpande reiterated multiple precedents, including the Supreme Court rulings in Union of India v. K.A. Najeeb and Satender Kumar Antil v. CBI, which underscore that prolonged incarceration violates the fundamental right to a speedy trial under Article 21 of the Constitution. “The applicant is still an accused, not a convict, and keeping him in custody without any progress in trial would be a clear violation of his rights,” the court observed from the case laws cited.
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In note of the gravity of the charges and the significant quantity of contraband involved, the court granted bail under strict conditions to prevent misuse. Gunjal is required to furnish a personal bond of ₹1 lakh with two solvent sureties of the same amount.
Additionally, he was also prohibited by the court from leaving the country without prior permission and must deposit his passport with the trial court. He was also mandated to attend all court proceedings.
The court pointed out that the evidence against Gunjal primarily rests on call records and WhatsApp exchanges with other accused, which alone do not conclusively establish knowledge or involvement in the trafficking of contraband.
The court observed that Sending documents for consignment clearance is part of the applicant’s role as a clearing agent and cannot be presumed as participation in illegal activities.
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