Commercial quantity NDPS bail limits prevail where conscious possession and trial delay do not justify release.

Bail under Section 439 CrPC was considered against allegations of conscious possession of 3,000 grams of hashish, a commercial quantity, found in the petitioner's check-in luggage during travel from Bengaluru to Doha. The earlier refusal of bail on merits was treated as relevant, parity with the co-accused was rejected because the recovery and allegations were materially different, and delay in trial was found insufficient to justify release given the special court proceedings, the number of witnesses, and the statutory limitations governing serious NDPS offences. Article 21 was held not to override the societal interest and bail restrictions. Bail was declined.

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Issues: Whether the petitioner was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 in view of the alleged commercial quantity seizure, the earlier refusal of bail, and the asserted delay in trial.

Analysis: The materials were found to show prima facie that the petitioner was in conscious possession of 3000 grams of hashish, a commercial quantity, concealed in his check-in luggage while travelling from Bengaluru to Doha. The earlier rejection of bail on merits was noted, and parity with the co-accused was rejected because no recovery was made from the co-accused and the allegations were materially different. The contention based on delay in trial was also rejected in view of the pendency before the special court, the number of witnesses, the nature of NDPS trials, and the statutory bar on bail in serious commercial-quantity offences. Article 21 was held not to override the societal interest and the statutory limitations governing bail.

Conclusion: The petitioner was not entitled to bail.

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