NDPS bail restrictions justified refusal where records showed trafficking links, antecedents, and a real risk of reoffending.

Regular bail in an NDPS matter may be declined where investigation material, call detail records and criminal antecedents indicate active involvement in drug trafficking, repeated contact with co-accused, and a real likelihood of reoffending. The Court treated the applicant as more than a mere user or passive recipient and applied the restrictive NDPS bail regime, including the statutory presumption linked to possession. Parity with co-accused was held unavailable because the applicant's role and antecedents were materially different. On that basis, regular bail was refused.

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Issues: Whether regular bail should be granted in an NDPS case despite the absence of recovery from the applicant's conscious possession, where the record showed prior antecedents, alleged involvement in drug trafficking, and the rigours of the NDPS bail regime.

Analysis: The application was examined on the basis of the investigation record, charge-sheet material, call detail records, and the applicant's criminal antecedents. The material indicated repeated contact with co-accused and other persons involved in the alleged drug trade, prior involvement in similar offences, and a role beyond that of a mere user or passive recipient. The Court treated the applicant as a habitual offender with a reasonable likelihood of reoffending if enlarged on bail. It held that parity with co-accused was not available where the applicant's role and antecedents were materially different. The Court further applied the restrictive approach governing bail in NDPS matters and the presumption arising from possession under the statute.

Conclusion: Regular bail was declined, and the application failed.

Ratio Decidendi: In NDPS cases, bail may be refused where the record discloses active involvement in drug trafficking, repeated antecedents, and a real possibility of reoffending, and parity with co-accused does not assist an applicant whose role is more serious.

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