NDPS Bail Granted Considering Recovery Quantity, Clean Antecedents, Parity and Likely Trial Delay.

The applicant was in judicial custody in connection with an FIR registered under Sections 8, 20 and 60 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (“NDPS Act”).

The prosecution alleged that, during routine checking on 3 June 2026, police recovered 109 grams of charas from the applicant and 1 kilogram and 43 grams from a co-accused.

The applicant sought bail, alleging, among other things, non-compliance with the safeguards under Section 50 of the NDPS Act because joint rather than separate consent had allegedly been obtained.

He also relied on his lack of criminal antecedents, the co-accused’s release on bail, his residence in Uttarakhand, and the anticipated delay in trial.

The State opposed bail but filed no counter-affidavit despite opportunities.

Whether the applicant had made out a case for bail in light of the alleged recovery and the circumstances advanced in support of release.

Whether the applicant’s contention that Section 50 safeguards were not duly observed supported release on bail at this stage.

The prosecution case involved alleged offences under Sections 8, 20 and 60 of the NDPS Act; the applicant invoked Section 50 as a safeguard allegedly not observed during the search.

The Court did not set out or apply a detailed statutory test under Section 50, cite precedent, or explain the operation of any specific NDPS bail restriction.

The Court considered the alleged recovery of 109 grams of charas from the applicant alongside his personal circumstances and the co-accused’s release on bail.

It also noted that the State had not filed a counter-affidavit controverting the bail application.

Although the applicant raised a Section 50 compliance issue, the Court did not determine that contention on its merits; it concluded, on the circumstances before it, that the applicant had made out a case for bail, subject to applicable statutory restrictions and conditions.

Release was conditional on a personal bond and two reliable sureties; not leaving the country without prior permission; appearing before and cooperating with the investigating officer when required; refraining from tampering with evidence or witnesses and from criminal activity; and surrendering any passport.

Bail may be cancelled if the conditions are violated or the liberty is misused.