Narcotics bail granted on stringent conditions where seized quantity was marginally above small quantity and investigation had advanced.

In a narcotics bail matter, the Court treated the marginal excess over small quantity, the absence of criminal antecedents, and the substantial progress of investigation as factors supporting release on conditions. It held that any apprehension of misuse of liberty could be controlled by imposing stringent bail terms, and granted bail accordingly. The stated principle is that, in prosecutions under narcotics law, where the seized quantity is only marginally above small quantity and the investigation is well advanced, bail may be allowed subject to strict conditions.

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Issues: Whether the accused was entitled to bail in a case alleging offences under the Narcotic Drugs and Psychotropic Substances Act, 1985, considering the quantity seized, the stage of investigation, and the absence of other criminal cases.

Analysis: The allegation was of possession and attempted transport of ganja abroad, but the quantity seized was only marginally above the limit of small quantity. The records showed substantial progress in investigation, and there was no case that the accused was involved in any other crime. In these circumstances, the Court found that the apprehension of misuse of liberty could be addressed by imposing stringent conditions.

Conclusion: Bail was granted to the accused on stringent conditions.

Ratio Decidendi: In a bail application under the narcotics law, where the seized quantity is only marginally above small quantity, the accused has no criminal antecedents, and the investigation is substantially advanced, bail may be granted subject to stringent conditions.

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