NEW DELHI: The Delhi High Court has held that the statutory restrictions on bail under the Maharashtra Control of Organised Crime Act (MCOCA) must give way to conditional liberty in cases of prolonged pre-trial detention.
“Various courts have recognised that prolonged incarceration undermines the right to life and liberty, as has been guaranteed under Article 21 of the Constitution of India, and therefore, conditional liberty must take precedence over the statutory restrictions under Section 21 of MCOCA and override the bar therein,” Justice Amit Mahajan, in an order passed on May 8, said.
The ruling came while granting bail to Rajesh Kumar alias Raje, who has spent over six years in prison under an FIR lodged by the Delhi Police’s Special Cell in 2018 for alleged offences under Sections 3 and 4 of MCOCA.
According to the prosecution, Kumar was apprehended following a raid during which 3 kg of heroin was recovered. At the time, he was in a vehicle registered in the name of a co-accused, described as a notorious offender with 20 previous cases under the Narcotic Drugs and Psychotropic Substances Act, 1985.
It was further claimed that Kumar disclosed names of other syndicate members, leading to more arrests and seizures.
Kumar’s counsel argued that he was only working as a driver for the co-accused and had no knowledge of the drugs in the car. Bail was sought on the ground of prolonged incarceration and delay in trial, with the defence asserting that MCOCA provisions had been wrongly invoked.
The Special Public Prosecutor opposed the plea, citing the serious nature of allegations and urging the Court to expedite the trial instead.