NDPS bail despite Section 37 rigours where prolonged custody and stalled trial justified release.

Even in offences governed by the rigours of Section 37 of the NDPS Act, prolonged custody and lack of trial progress can justify bail. The accused had remained in custody for more than three years, the charge sheet had been filed, charges were still unframed, and trial had not begun. A Section 67 statement and recovery of Tramadol tablets were noted, but these factors were outweighed by the continuing pre-trial incarceration and the fact that the stated supplier had already been granted bail. Bail was therefore granted subject to the trial court's terms and conditions.

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Issues: Whether bail should be granted to the accused despite the rigours of Section 37 of the NDPS Act.

Analysis: The prosecution case involved recovery of a large quantity of Tramadol tablets and a statement under Section 67 of the NDPS Act implicating the accused. However, the accused had remained in custody for more than three years, the charge sheet had been filed, charges had still not been framed, and the trial had not commenced. The manufacturer from whom the drugs were stated to have been purchased during the relevant period had already been granted bail. These circumstances were treated as sufficient to outweigh the statutory restriction at the bail stage.

Conclusion: Bail was granted to the accused.

Final Conclusion: The appeal succeeded and the accused was enlarged on bail subject to terms and conditions imposed by the trial court.

Ratio Decidendi: Even in offences governed by the rigours of Section 37 of the NDPS Act, prolonged custody coupled with the absence of progress in trial can justify grant of bail.

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