Bail under Section 439 CrPC granted in an NDPS prosecution after prolonged custody and limited trial progress.

An NDPS accused was granted bail under Section 439 CrPC because prolonged custody, the advanced stage of trial, and stalled progress in evidence weighed against further detention. The Court noted that the appellant had remained in custody for more than two years and seven months, seven witnesses had already been examined, and the remaining evidence had not moved due to the pandemic. On those facts, continued custody was found unwarranted, and bail was ordered on conditions fixed by the Trial Court.

---

---

Issues: Whether the appellant, facing prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 in view of the quantity recovered, the stage of trial, and the period of custody.

Analysis: The appellant had been in custody for more than two years and seven months. Seven witnesses had already been examined and the remaining evidence had not progressed because of the pandemic. In these circumstances, the Court found that continued custody was no longer warranted and that the appellant deserved the benefit of bail under Section 439 of the Code.

Conclusion: The appellant was entitled to bail and was ordered to be released on such conditions as the Trial Court deemed appropriate.

---