Delhi HC grants bail to foreign national after 4 years of custody in drug case

New Delhi [India], September 29 : The Delhi High Court has recently granted regular bail to a foreign national in a drug trafficking case after a period of over 4 years of custody. He was detained at Indira Gandhi Airport in 2021, and 10 kg of heroin was allegedly recovered by customs officials.
Justice Arun Monga granted bail to Quentin Decon after considering the submissions of counsel and the fact of the long incarceration of the accused since June 2021.
"Not only the applicant has undergone inordinate incarceration since June 27, 2021 (4 years and 3 months), but even otherwise, given the snail's pace of the proceedings in the learned Trial Court, it may so happen that before the same concludes, the applicant may end up undergoing the entire sentence without being held guilty," justice Monga said in the order passed on September 25.
While granting bail to the accused, the high court observed, "As an upshot and taking a wholesome view of the matter, the applicant is directed to be released on bail on his furnishing personal bond with solvent surety of like amount to the satisfaction of the Trial Court."
According to the prosecution, on June 27, 2021, officers from Customs, IGI Airport, New Delhi, intercepted two of the accused persons, namely Sydney John-Brain O' Grady and Quentin Deacon, both of whom held passports from the Republic of South Africa. They had arrived from Doha to Delhi. Sydney John-Brain O' Grady was carrying one black colour checked-in trolley bag, and one black colour backpack as a cabin bag.
Quentin Deacon/the applicant, was also carrying one beige checked-in trolley bag and one black backpack as a cabin bag.
It is alleged that the total material recovered from the applicant was off-white coloured powder/granules suspected to be narcotics substance weighing 10500 grams approximately.
It was submitted by advocate Akshay Bhandari that the applicant has already undergone more than 4 years in custody, and the charge-sheet was filed on December 23, 2021, and till date only 6 witnesses have been examined out of a total of 14 witnesses. Therefore, the trial is likely to take substantial time.
It was also submitted that, considering the delay in trial and long incarceration of more than four years, the embargo under Section 37 of the NDPS Act will not be applicable in the facts and circumstances of the present case.
On the other hand, the special public prosecutor (SPP) for customs opposed the bail by submitting that the applicant possessed a commercial quantity of heroin under the NDPS Act, attracting an absolute bar on bail under Section 37(1)(b)(ii).
It was also submitted that the accused, being a foreign national, poses a serious flight risk. Judicial precedents emphasise societal interest in denying bail to drug traffickers. The trial is ongoing with no unreasonable delay, and releasing the accused could compromise evidence and witnesses.