(A) Narcotic Drugs and Psychotropic Substances Act, 1985 Section–37(1)(b)–Conditions/Restriction for granting bail involving commercial quantities–
Held–That, once no contraband recovered from petitioner, then prosecution objection to bail by involving rigors of 37(1)(b) of NDPS Act, cannot be invoked. (Para 10)
(B) Narcotic Drugs and Psychotropic Substances Act, 1985 Section–29–Abetment and criminal conspiracy–As per prosecution, petitioner was seated nearby, thus liable under Section 29 for conspiracy–Held–That, the invocation of alleging abatement and criminal conspiracy is a matter of tested, examined and proved during trial–Bail petitioner is not guilty at this stage. (Para 10(iii))
(C) Bhartiya Nagrik Suraksha Sahinta, 2023 Section–483 read with Sections 20 & 29 of Narcotic Drugs and Psychotropic Substances Act, 1985–Bail–Charas recovered weighing 1.126 Kgs–Petitioner is in custody since 06.03.2024–Parameters of mandate to grant bail–Petitioner traveling with two co-accused and was unaware of the contraband found in the possession of co-accused–Held–The nature of the accusation, severity of the offense, potential influence over witnesses, likelihood of absconding, and possibility of tampering with evidence were all to be considered–Bail granted. (6(ii)
(D) Narcotic Drugs and Psychotropic Substances Act, 1985 Section–21–Prolonged incarceration–Infringement of personal liberty–In custody for more than 11 months–Held–The fundamental right to a speedy trial under Article 21 must prevail over the seriousness of the alleged crime–Further detention certainly amounts to implicating the petitioner on mere accusation or conjectures-suspicion, by way of punishment, defeating the very intent and object of bail. (Para 23)