Commercial quantity NDPS cases; long incarceration alone is not a bail ground.

The applicant, Shekhar Putel, filed a first bail application under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking regular bail after being arrested in connection with Crime No. 399/2024.

The offence was registered at Police Station – Rajim, District Gariyabandh (C.G.) for an offence punishable under Section 20(B)(ii)(C) of the N.D.P.S Act.

On December 9, 2024, police received a secret information about two persons, including the applicant, transporting ganja in a Hyundai car (registration No. C.G.-06-GN-7321).

A raid was conducted, and Devraj Putel and the applicant were found in the vehicle.

A search allegedly yielded 92.700 kilograms of ganja from their joint possession, leading to their arrest on the same date.

The applicant claimed innocence, stating he was merely a passenger, had no knowledge of the contraband, and had been falsely implicated based solely on a co-accused's statement, which lacks evidentiary value.

He further stated he had been in judicial custody since December 9, 2024 (approximately one year and three months), and the trial was progressing slowly, with only three out of 20 prosecution witnesses examined.

The charge-sheet had been filed, and no further custodial interrogation was required.

1. Whether mere long incarceration and slow progress of the trial are sufficient grounds to grant bail in cases involving commercial quantity of contraband under the NDPS Act.

2. Whether the applicant is entitled to regular bail considering the quantity of contraband seized and the stage of the trial.

The court applied Section 20(B)(ii)(C) of the N.D.P.S Act regarding the offence committed.

The primary legal principle relied upon was the precedent set by the Hon’ble Supreme Court in *Union of India (UOI) Vs. Vigin K. Varghese* (Special Leave Petition (Cri.) Nos.7768 of 2025 and 11097 of 2025), decided on November 13, 2025, which observed that in NDPS commercial-quantity cases, long incarceration cannot, by itself, be a ground for bail.

The court acknowledged the applicant's argument regarding his long incarceration (one year and three months) and the slow progress of the trial (only 3 out of 20 witnesses examined).

However, it noted that 92.700 kilograms of ganja was recovered from the vehicle, which is "much above the commercial quantity" prescribed under the NDPS Act.

The court explicitly cited and relied on the Hon’ble Supreme Court's observation in *Union of India (UOI) Vs. Vigin K. Varghese*, which established that long incarceration alone is not a sufficient ground for bail in NDPS commercial-quantity cases.

Given the nature and gravity of the offence and the commercial quantity of contraband involved, the court determined that the long period of custody and the slow trial progress were not sufficient grounds to grant bail at this stage.

It held that considering the nature and gravity of the offence, the commercial quantity of contraband seized, and the precedent from *Vigin K. Varghese*, long incarceration and slow trial progress are not sufficient grounds for bail in NDPS commercial-quantity cases.

The trial court was directed to proceed and conclude the trial expeditiously.