Non-commercial opium recovery and completed investigation justified regular bail where further custody served no useful purpose.

Non-commercial quantity recovery of opium meant the Section 37 NDPS Act embargo did not apply, and the completed investigation with filed challan supported release on regular bail. With charges yet to be framed, trial likely to take time, co-accused already on bail, and the petitioners being women in custody since 31.05.2022, further detention was found unnecessary. Regular bail was granted subject to standard conditions, as continued incarceration served no useful purpose.

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Issues: (i) Whether the petitioners were entitled to regular bail in a case involving recovery of non-commercial quantity of opium and alleged arms-related offences after completion of investigation.

Analysis: The recovery attributed to each petitioner was below commercial quantity, so the statutory embargo under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 did not apply. The investigation had been completed and the challan had been filed, while charges were yet to be framed and the trial was likely to take time. The Court also noted that co-accused had already been granted regular bail, and the petitioners were women in custody since 31.05.2022. On these facts, further judicial custody was found unnecessary.

Conclusion: The petitioners were held entitled to regular bail.

Final Conclusion: Continued incarceration was not warranted, and the petitioners were ordered to be released on regular bail subject to standard conditions.

Ratio Decidendi: Where the recovered contraband is of non-commercial quantity, the Section 37 embargo does not operate, and after completion of investigation the accused may be enlarged on regular bail if further custody serves no useful purpose.

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