Prolonged pre-trial incarceration and parity with a co-accused justified bail in an NDPS commercial quantity case.

The SC considered whether regular bail was justified in prosecutions under the NDPS Act and the Customs Act involving alleged commercial quantity contraband. Despite the quantity threshold, the appellant had spent more than four years in custody, and a similarly placed co-accused on the same flight had already been granted bail. The Court treated prolonged pre-trial incarceration and parity with the co-accused as sufficient grounds for release at that stage. The order was confined to bail and left the merits of the prosecution open. Bail was granted and the refusal of bail was set aside.

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Issues: Whether regular bail should be granted in a case involving alleged possession and transportation of commercial quantity of contraband under the Narcotic Drugs and Psychotropic Substances Act, 1985 read with the Customs Act, 1962.

Analysis: The appellant was facing prosecution for offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 and the Customs Act, 1962. Although the alleged seizure was above the commercial quantity threshold, the appellant had remained in custody for more than four years. The order also took note that a similarly situated accused, travelling on the same flight, had already been granted bail. On these facts, the prolonged incarceration and parity with the co-accused justified release on bail at that stage. The order expressly confined all observations to the question of bail and clarified that the merits of the case were left open.

Conclusion: Bail was granted to the appellant and the impugned refusal of bail was set aside.

Ratio Decidendi: In an appropriate case, prolonged pre-trial incarceration coupled with parity with a similarly placed co-accused can warrant grant of bail even where commercial quantity offences are alleged.

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