NDPS bail refused as procedural search and sampling disputes were left for trial near completion.

Regular bail under the NDPS Act was declined where the prosecution alleged recovery of a commercial quantity of cocaine and the trial had nearly concluded, with only one witness left. The High Court noted objections about search safeguards, statement recording and sampling, but held that those factual disputes could not be assessed in a piecemeal manner at the bail stage. As the prosecution evidence was still being completed and the matter was at the fag end of trial, the petitioner was not entitled to release on the grounds urged and was left to pursue those defences in the pending trial.

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Issues: Whether the petitioner was entitled to regular bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, in the face of alleged procedural infirmities in search, sampling and statement recording.

Analysis: The petition was considered in the context of serious allegations involving recovery of a commercial quantity of cocaine and the fact that the trial had substantially progressed, with only one prosecution witness remaining. The Court noted the rival contentions regarding compliance with the statutory procedure under the NDPS Act, including the search safeguards, recording of statements and sampling process, but declined to enter into a detailed merits appraisal of those factual disputes at the bail stage. It held that the prosecution evidence was still being completed and that the alleged infirmities could not be examined in a piecemeal manner when the matter was at the fag end of trial.

Conclusion: Bail was declined and the petitioner was not entitled to release on the basis urged.

Final Conclusion: The proceeding was finally concluded by refusing to grant regular bail, leaving the accused to pursue his defences in the pending trial.

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