NDPS bail granted during trial after long incarceration, while the search officer competence challenge was left undecided.

In an NDPS bail matter under Section 439 CrPC, the HC granted regular bail during trial, relying on the petitioner's period of incarceration and the fact that statutory bail had already been allowed in the same FIR. The Court noted the objection about the search officer's competence but declined to decide that issue at the bail stage. On that basis, the petitioner was held entitled to bail pending trial.

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Issues: Whether the petitioner was entitled to regular bail during the pendency of trial in an NDPS case.

Analysis: The petition was under Section 439 of the Code of Criminal Procedure, 1973 for regular bail in a case registered under Section 22 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court noted the contention regarding the competence of the officer who conducted the search, but declined to record any finding on that question at the bail stage. The Court was influenced by the period of incarceration and the fact that the petitioner had earlier been allowed statutory bail in the same FIR.

Conclusion: The petitioner was held entitled to bail during the pendency of trial.

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