Successive bail in NDPS matters requires fresh grounds; absence of new material and flight risk justified refusal.

Successive bail under Section 439 CrPC was declined where no fresh ground was shown after an earlier rejection. The Court noted the seizure of 150 grams of MDMA, the alleged online procurement and payment, and the investigation statement, and treated the case as involving serious NDPS allegations. The only additional circumstance cited was the petitioner's father's illness, which was not enough to justify reconsideration. In view of the alleged commercial quantity, together with the risk of tampering with witnesses and absconding, the request for bail was refused and continued custody was not disturbed.

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Issues: Whether the petitioner was entitled to bail in a successive bail petition under Section 439 of the Code of Criminal Procedure, 1973 in view of the alleged recovery of a commercial quantity of narcotic drug and the absence of fresh grounds after earlier rejection.

Analysis: The petition was a successive bail application after an earlier rejection. The materials relied upon included the seizure of 150 grams of MDMA, described as much above commercial quantity, the alleged online procurement and payment, and the statement recorded during investigation. The Court found that no new ground had been established apart from the petitioner's father's illness. In view of the seriousness of the alleged offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the apprehension of tampering with witnesses and absconding, the request for bail was not found justified.

Conclusion: The successive bail petition was rejected and bail was refused.

Final Conclusion: The Court declined to interfere with the continued custody of the accused and held that the case did not warrant grant of bail on the materials placed before it.

Ratio Decidendi: A successive bail petition will not be entertained in the absence of fresh grounds, especially where the alleged offence involves a commercial quantity of narcotic drugs and the record indicates a risk of tampering with evidence or absconding.

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