Commercial quantity NDPS bail refused where prima facie involvement and statutory restrictions outweighed prolonged custody.

Regular bail under the NDPS Act was refused because the prosecution involved commercial quantity recovery and prima facie material connected the petitioner with the offence. The Court held that alleged contradictions in the charge-sheet were matters for trial, and prolonged custody alone did not justify release where statutory bail restrictions were not satisfied. Filing of the charge-sheet did not, by itself, weaken the bar on bail at this stage.

---

---

Issues: Whether the petitioner was entitled to regular bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act involving recovery of a commercial quantity of ganja.

Analysis: The prayer for bail was considered in the backdrop of the earlier rejection of the petitioner's bail application, the recovery of 428.675 kilograms of ganja concealed in 220 packets, and the statutory restrictions governing bail where commercial quantity is involved. The Court noted that the question of contradictions in the charge-sheet could be examined at trial and that custody for a long period by itself did not justify release on bail. The filing of the charge-sheet and the prima facie material connecting the petitioner with the offence weighed against grant of bail at that stage.

Conclusion: The petitioner was not entitled to bail and the request for regular bail was rejected.

Ratio Decidendi: In a prosecution involving commercial quantity under the NDPS Act, bail cannot be granted merely on the basis of prolonged custody or post-investigation filing of the charge-sheet when prima facie involvement is shown and the statutory bail restrictions are not satisfied.

---