Commercial quantity NDPS bail denied where investigation showed direct links to the alleged supplier and conscious possession.

Regular bail was refused in an NDPS prosecution involving alleged commercial quantity because the investigation material showed stronger and more direct links between the applicant and the main supplier, including repeated telephonic contact and surrounding circumstances indicating conscious possession. The Gujarat HC held that the applicant's case was not comparable to the co-accused order cited on parity, as the factual footing was materially different. In view of the seriousness of the offence and the statutory bail restrictions applicable to commercial quantity cases, no discretion was found in favour of release.

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Issues: Whether the applicant was entitled to regular bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, in the light of the alleged commercial quantity, the material indicating conscious possession and the plea of parity.

Analysis: The application was considered in the context of the seizure of a substantial quantity of contraband and the investigation material linking the applicant with the main supplier through repeated telephonic contact and other circumstances. The Court found that the case stood on a different footing from the cited co-accused order relied upon for parity, because the applicant's connection with the alleged supplier and the surrounding material were stronger and more direct. In view of the seriousness of the offence and the applicability of the statutory restrictions governing bail in commercial quantity cases, no ground was made out to exercise discretion in favour of release.

Conclusion: Regular bail was refused.

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