Legal provisions involved: Sections 22(c), 27A, 29 and 37 of the NDPS Act, 1985.

Judgement by: Kerala High Court.

Judge/Bench: Justice Kauser Edappagath.

Facts

During a routine vehicle check, the Excise Department found the accused carrying two packets of methamphetamine weighing more than 79 grams in total. This amount comes under commercial quantity under the NDPS Act. The investigation showed that the accused had bought the drugs by transferring money through different bank accounts and had acted along with other accused persons. It was also found that he was already involved in another NDPS case.

Key legal provisions

Sections 22(c), 27A, 29 and 37 of the NDPS Act, 1985.

Issues raised

Whether an accused can be released on bail only because he has been in jail for a long time, even when a commercial quantity of drugs is involved?

Arguments of the case

The accused asked for bail on the ground of long incarceration. The prosecution opposed the request, stating that the drugs were recovered from his direct possession and that he had previous criminal cases.

Judgement

The Kerala High Court dismissed the bail application. The court held that in NDPS cases involving commercial quantity, long detention or delay in trial is not a valid reason for granting bail. Since the accused failed to show that he was not guilty and had criminal antecedents, the strict conditions under Section 37 were not satisfied.

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