Prolonged Pre-trial Detention Overrides Section 37 NDPS Rigours Under Constitutional Guarantee of Article 21

The Petitioner sought regular bail under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023, regarding an NCB case involving the seizure of 360 grams of Methamphetamine from a parcel at IGI Airport, Delhi

The prosecution alleged that the Petitioner instructed co-accused Saraswati Thakur to book the parcel from Jaipur and provided her with funds via UPI

Following Thakur's statement under Section 67 of the NDPS Act, the Petitioner was arrested on September 29, 2022. Recoveries from the Petitioner’s residence included weighing machines, the parcel booking receipt, and mobile phones

Investigation revealed the Petitioner was residing in India on a fake passport and visa

As of May 2026, the Petitioner had undergone approximately 3 years and 8 months of pre-trial incarceration, with only 2 out of 16 witnesses examined

1. Whether the rigours of Section 37 of the NDPS Act can be relaxed in light of the constitutional guarantee of liberty under Article 21 due to prolonged pre-trial incarceration

2. Whether the Petitioner is entitled to regular bail considering the evidentiary value of the material collected, including disclosure statements of co-accused and financial linkages

The court applied Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which imposes stringent conditions for bail in cases involving commercial quantities

Supreme Court precedents in Mohd. Muslim v. State (NCT of Delhi), Dheeraj Kumar Shukla v. State of Uttar Pradesh, and Rabi Prakash v. State of Odisha, establishing that prolonged incarceration violates Article 21 of the Constitution and that Section 37 must be assessed holistically without rendering constitutional protections illusory

Tofan Singh v. State of T.N. regarding the inadmissibility of statements made under Section 67 of the NDPS Act

Frank Vitus v. NCB regarding the management of foreign nationals on bail

The Court observed that while the recovery involved a commercial quantity, the Petitioner has been in custody for over 3.5 years with the trial progressing slowly (only 2 of 16 witnesses examined), making a timely conclusion unlikely

Regarding the merits, the Court found that the CDR analysis and photographs of other contraband on the Petitioner's phone were not determinative at this stage

It reasoned that the financial linkage (UPI transaction of Rs. 1,300), the recovery of the booking receipt, and the statutory presumptions under Section 54 of the NDPS Act are matters of trial appreciation and cannot justify continued deprivation of liberty in the face of excessive delay

The Court emphasized that Section 37 requires only a prima facie satisfaction and not a finding of guilt beyond reasonable doubt

The Petitioner was ordered to be released on a bail bond of Rs. 50,000 with one surety, subject to conditions including surrendering his passport, appearing on all hearing dates, and not contacting witnesses. The Court further directed that the order be communicated to the Foreign Registration Officer to take necessary steps under the Foreigners Act, 1946