NDPS bail granted despite Section 37 rigour where custody was prolonged and trial progress remained exceptionally slow.

In an NDPS bail matter, prolonged custody of nearly three years, exceptionally slow trial progress with only 3 of 18 witnesses examined, absence of prior criminal antecedents, and no material risk of tampering or witness influence justified release despite Section 37 rigour. The alleged recovery of ganja was 21.508 kg, only marginally above the 20 kg commercial quantity threshold, and the Court treated that factor as reducing the force of a strict denial of bail. Bail was granted.

---

---

Issues: Whether bail should be granted in an NDPS case involving recovery marginally above commercial quantity, in view of prolonged custody, slow trial progress, absence of prior criminal antecedents, and the Court's assessment of the rigours of Section 37 of the NDPS Act.

Analysis: The applicant had remained in custody for nearly three years while only 3 of 18 prosecution witnesses had been examined, showing exceptionally slow progress of trial. The alleged recovery of ganja was 21.508 kg, only marginally above the commercial quantity of 20 kg, which reduced the force of an inflexible application of the bail restriction. The Court also noted the absence of previous criminal antecedents, the secured custody of the seized material, and no material indicating a real risk of tampering with evidence or influencing witnesses. In these circumstances, the Court found that the applicant had made out a case for bail notwithstanding the statutory rigour.

Conclusion: Bail was granted to the applicant. The application succeeded.

---