NDPS bail restrictions prevail where prima facie material exists and custody alone does not justify release

In an NDPS matter involving alleged commercial quantity, the Court applied the Act's stringent bail restrictions and held that prima facie prosecution material linked the applicant to the offence. Conflicting forensic reports and other evidentiary objections were treated as matters for trial, not as grounds for release at the bail stage. The Court further held that prolonged custody by itself does not override the statutory limits on bail absent material showing reasonable grounds to believe the applicant is not guilty and will not reoffend while on bail. Successive bail was therefore rejected.

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Issues: Whether successive bail should be granted in an NDPS case in view of prolonged custody, conflicting forensic reports, and the pendency of trial.

Analysis: The application was considered in the context of the stringent bail conditions under the NDPS Act. The Court noted that the prosecution material prima facie connected the applicant with the alleged offence involving commercial quantity, and that the competing forensic reports and other evidentiary objections were matters for appreciation at trial. The Court further held that mere incarceration was not, by itself, sufficient to displace the statutory restrictions on bail, and that no material had been shown to satisfy the Court that there were reasonable grounds for believing that the applicant was not guilty or that he would not commit an offence while on bail.

Conclusion: Successive bail was not warranted and the application was rejected.

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