Long Incarceration Alone Cannot Secure Bail In Commercial Quantity NDPS Case When Accused Has Criminal Antecedents; Kerala High Court
Sanchayita Lahkar
The High Court of Kerala Single Bench of Justice Dr. Kauser Edappagath dismissed a regular bail plea filed by the petitioner-accused, who was arrested after excise officials allegedly found him carrying two packets of methamphetamine during a vehicle check at an excise check post, with the prosecution attributing to him possession of commercial quantity and a related procurement arrangement. The Court held that prolonged custody, by itself, does not justify bail in such cases where the statutory bar applies, particularly when the twin requirements under Section 37—reasonable grounds to believe the accused is not guilty and that he is not likely to commit an offence while on bail—are not met, and where criminal antecedents are reported.
As per the prosecution case, on 16 July 2024 at about 11:40 a.m., the excise team conducting routine vehicle inspections allegedly found the applicant in possession of 48.032 grams and 31.45 grams of methamphetamine in two separate covers at Muthanga Excise Check Post. It was further alleged that the applicant and another accused conspired to purchase the contraband from a third accused for ₹1,03,400 through bank transfers.
The applicant contended that he had been in custody for more than one and a half years and that the trial was unlikely to conclude within a reasonable time. The prosecution opposed the plea, submitting that long incarceration alone cannot justify bail in an NDPS case involving commercial quantity.
The Court identified the issue for consideration and observed, “The question that arises for consideration is whether an accused facing an indictment for an offence punishable under Section 22(c) of the NDPS Act for possessing a commercial quantity of a narcotic drug is entitled to be released on bail due to long incarceration.”
Referring to precedent, the Court noted, “There are a series of decisions of the Supreme Court starting from Union of India v. K.A Najeeb [(2021) 3 SCC 713], which held that stringent provisions in the special statutes for the grant of bail do not take away the power of the constitutional courts to grant bail on grounds of violation of Part III of the Constitution.”
The Court further recorded, “In Narcotics Control Bureau v. Mohit Aggarwal [(2022) 18 SCC 374], the three Judge Bench of the Supreme Court held that length of the period of custody or that the charge-sheet had been filed or even that the trial has not commenced by themselves are not considerations that can be treated as persuasive grounds to grant bail under Section 37 of the NDPS Act.”
It stated, “Thus, the law is settled that the period of incarceration has no bearing in the matter of bail involving commercial quantities of narcotic drugs under the NDPS Act in a case where the embargo under Section 37(1)(b) of the NDPS Act is attracted, or the accused has criminal antecedents.”
With respect to the present facts, the Court observed, “In this case, the contraband was seized from the direct possession of the applicant.” It further recorded, “The applicant has not been able to point out the existence of any facts or circumstances that are sufficient to justify recording a finding that he is not guilty of the offences charged, and hence the rigour under Section 37 of the NDPS Act is not diluted.” The Court also noted, “It is also reported that the applicant has criminal antecedents. He is involved in another crime under Section 22(c) of the NDPS Act.”
The Court concluded, “For the aforementioned reasons, I have no hesitation in holding that the applicant cannot be released on bail on the ground of prolonged incarceration. The bail application fails, and it is accordingly dismissed.”
Advocates Representing the Parties:
For the Petitioners: Sri P. Mohamed Sabah, Sri Libin Stanley, Smt. Saipooja, Sri Sadik Ismayil, Smt. R. Gayathri, Sri M.M. Mahin Hamza, Shri Alwin Joseph, Shri Benson Ambrose
For the Respondents: Sri K.A. Noushad, Senior Public Prosecutor
Case Title: Abid v. State of Kerala
Neutral Citation: 2026: KER:10342
Case Number: Bail Appl. No. 13355 of 2025
Bench: Justice Dr. Kauser Edappagath
