Prolonged custody and delayed trial justified regular bail in an NDPS and customs prosecution.

Prolonged pre-trial incarceration and the unlikelihood of early conclusion of trial justified regular bail. The petitioner had remained in custody since 14.09.2019 in proceedings under the NDPS Act and the Customs Act, and the trial had not progressed, with even a co-accused's discharge application still pending. On that factual basis, further detention was found unwarranted, and bail was directed to be granted on suitable bonds, sureties and such conditions as the trial court considered fit. The petitioner was therefore held entitled to regular bail.

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Issues: Whether the petitioner, who had undergone more than five years of custody and whose trial was not likely to conclude soon, was entitled to regular bail.

Analysis: The petitioner was in custody since 14.09.2019 in a prosecution under the Narcotic Drugs and Psychotropic Substances Act and the Customs Act. The pending trial showed that even the discharge application of accused no. 2 was still under consideration. In view of the long period of incarceration and the likelihood of delay in conclusion of trial, further pre-trial detention was found unwarranted. Bail was therefore directed to be granted on suitable bonds, sureties and such conditions as the trial court deemed fit.

Conclusion: The petitioner was held entitled to regular bail.

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