Prolonged custody outweighed NDPS bail restrictions, with delayed trial justifying release despite commercial quantity allegations.

In a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, prolonged custody and the unlikely early commencement of trial were treated as decisive factors for bail, despite the statutory restrictions in Section 37 applicable to commercial quantity cases. The petitioners had remained in custody for almost two years, and the Court considered this delay in assessing their request for release. Bail was granted on terms and conditions to be fixed by the Trial Court.

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Issues: Whether the petitioners were entitled to bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 despite the statutory restrictions applicable to commercial quantity cases.

Analysis: The petitioners had remained in custody for almost two years, and the trial was not likely to commence in the immediate future. The Court took this factor into account while considering bail, notwithstanding the State's reliance on the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the allegation of commercial quantity. The length of incarceration and the delay in commencement of trial were treated as decisive for grant of bail.

Conclusion: Bail was granted to the petitioners on terms and conditions to be fixed by the Trial Court.

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