Prolonged undertrial custody can override NDPS bail restrictions where strict conditions secure release in commercial-quantity cases.

In NDPS cases involving commercial quantity, regular bail remains subject to Section 37's twin conditions, but prolonged undertrial custody can justify release on strict safeguards. The Court noted the seriousness of narcotic offences and the statutory embargo on bail, yet treated more than nine years' custody without trial conclusion as decisive. Relying on Supreme Court directions for long-pending NDPS undertrial cases, it accepted that an accused facing offences carrying minimum ten years' imprisonment and a minimum fine may be entitled to bail after five years in custody. Bail was therefore found appropriate, subject to stringent conditions.

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Issues: Whether the petitioner was entitled to regular bail in a commercial-quantity NDPS despite the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the long period of undertrial custody.

Analysis: Bail in NDPS cases involving commercial quantity is controlled by the twin conditions under Section 37, namely satisfaction that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail. The Court noted the seriousness of narcotic trafficking and the statutory embargo on bail, but also considered that the petitioner had remained in custody for more than nine years without conclusion of trial. Relying on the Supreme Court directions for long-pending NDPS undertrial cases, the Court held that an undertrial charged with offences carrying minimum imprisonment of ten years and minimum fine of one lakh rupees is entitled to bail after five years of custody, subject to appropriate safeguards. The Court therefore found the case fit for grant of bail, subject to stringent conditions.

Conclusion: The petitioner was held entitled to regular bail.

Final Conclusion: The statutory restrictions under the NDPS Act did not prevent bail in the facts of the case, where prolonged incarceration as an undertrial justified release on stringent conditions.

Ratio Decidendi: In NDPS cases involving commercial quantity, prolonged undertrial detention may justify bail where the accused has already undergone custody beyond the threshold recognised by the Supreme Court and the court is satisfied that release can be secured by strict conditions.

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