Prolonged incarceration does not bypass Section 37 twin conditions for bail in commercial quantity NDPS cases.

The applicant sought regular bail in FIR No. 297/2020 (PS Kashmere Gate) registered under Sections 20/29 of the NDPS Act

On October 17, 2020, based on secret information, the applicant and three others were apprehended for allegedly supplying ganja

The prosecution alleged the recovery of 181.050 kg of ganja—significantly exceeding the commercial threshold—found in 82 packets across 8 plastic bags

The applicant has been in custody since the date of arrest, and out of 17 prosecution witnesses, 07 have been examined and have supported the prosecution’s case

1. Whether the applicant is entitled to regular bail under Section 37 of the NDPS Act considering the recovery of a commercial quantity of contraband?

2. Whether the alleged delay in the conclusion of the trial and prolonged incarceration justify the grant of bail notwithstanding the statutory embargoes?

The court primarily applied Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, which mandates "twin conditions" for bail in cases involving commercial quantities: the court must be satisfied there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail

It further relied on the Supreme Court’s decision in Union of India vs. Vigin K. Varghese (2025), which held that offences involving commercial quantities stand on a distinct statutory footing and that prolonged incarceration alone cannot justify bail without meeting the requirements of Section 37

The court observed that the recovery of 181.05 kg of ganja vastly exceeds the 20 kg commercial threshold, triggering the Section 37 embargo

Regarding the defense’s claims of procedural lapses (lack of public witnesses and videography), the court found these insufficient to bypass the "twin conditions" at the bail stage

Addressing the trial delay, the court noted that proceedings were generally effective, and occasional adjournments were due to systemic factors like judicial vacancies or the time-consuming nature of identifying contraband in court

The court emphasized that in NDPS cases, the identification of case property often involves "obnoxious and dangerous fumes," causing necessary passovers

Since 7 witnesses had already testified against the applicant, the court found no grounds to believe the applicant was not guilty

It held that the applicant failed to cross the hurdle of the twin conditions under Section 37 of the NDPS Act, and mere prolonged incarceration does not override statutory mandates in serious drug trafficking cases

The trial court was requested to expedite the trial