Russian national held under NDPS Act denied bail for fourth time in eight years

Dismissing the bail petition, Justice PN Prakash took strong exception to his counsel’s attempt to delay the trial and said, “The trial court has to follow the directions of the Supreme Court and complete the trial within six months. Even while in custody, if the petitioner could adopt such dilatory tactics by not allowing the trial judge to even frame the charges, if bail is granted, being a foreigner, he will vanish in thin air.”

As per the case, the Narcotics Control Bureau intercepted 35 articles at the Speed Post Concentration Centre at St Thomas Mount Post Office on September 21, 2011. When they checked the packages, they found strips of phentermine capsules (Mazindol), a psychotropic substance, and seized it.

From the addresses found on the envelopes and from other sources, the probe led to Alexander Vyukhin alia Alex, who was allegedly involved in procuring, financing and exporting psychotropic substances to the US and UK through one Shankar alias Sekar. Along with the duo, four others were also arrested.

Though three of his earlier petitions seeking bail were dismissed on merit, Alex moved the fourth bail plea following the discharge of two of the accused from the case.

Appearing for Alex, Senior Counsel S Veeraraghavan contended that the petitioner being a Russian national was languishing in jail for the last eight years without any progress in the trial while the co-accused in the case were released on bail.

But the special public prosecutor submitted that the delay in disposal of the trial was mainly on account of the petitioner taking a stand that he was mentally unsound and filed petitions in the trial court and High Court for declaring him insane. He also submitted that the petitioner had filed a discharge application and was adopting dilatory tactics by not arguing it before the trial court.

In his order, Justice Prakash also held that Alex did not qualify the twin test laid down under Section 37 of the NDPS Act (no person for offences involving commercial quantity shall be released on bail or on his own bond) for being entitled to bail.