NDPS bail granted after prolonged custody, with no merits finding on the recovered substance at the bail stage.

Prolonged pre-trial custody can justify regular bail under the NDPS Act where the trial is likely to take time. The Court found it unnecessary, at the bail stage, to decide whether the recovered substance was a commercial quantity or whether codeine phosphate amounted to a manufactured drug or narcotic substance. Bail was granted without expressing any opinion on the merits of the prosecution case, subject to the petitioner furnishing bail bonds to the satisfaction of the Special Judge or concerned Trial Court.

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Issues: Whether the petitioner should be granted regular bail in a prosecution under the NDPS Act, and whether the alleged commercial quantity and nature of the recovered substance required consideration at the bail stage.

Analysis: The petitioner was in custody for about two years, and the trial was expected to take time. The Court considered it unnecessary, for the purpose of bail, to determine whether the recovered contraband constituted commercial quantity or whether codeine phosphate amounted to a manufactured drug or narcotic substance. Bail was granted without expressing any opinion on the merits of the prosecution case.

Conclusion: The petitioner was held entitled to bail on the ground of prolonged custody, subject to furnishing bail bonds to the satisfaction of the Special Judge or concerned Trial Court.

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