No automatic bail in commercial quantity NDPS cases on ground of long custody: HC

07/06/2026

JAMMU, Jun 6: The High Court of Jammu and Kashmir and Ladakh has dismissed the bail plea of an accused in a commercial quantity narcotics case, holding that prolonged incarceration alone cannot entitle an accused to bail unless the mandatory conditions under the NDPS Act are satisfied.
Justice Rajesh Sekhri rejected the bail application filed by Manish Kumar Sharma under Section 483 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) in connection with FIR No. 10/2022 registered at Police Station Nowabad, Jammu, under Sections 8, 20, 21 and 22 of the NDPS Act.
According to the prosecution, a police patrol party on Feb 1, 2022 noticed Sharma near the JMC Toilet Complex at Jewel Chowk, Jammu, carrying a green polythene bag.
On seeing the police, he allegedly attempted to flee but was apprehended. During the search, police allegedly recovered 100 grams of ganja, 70 Diazepam ampoules, 50 Promethazine ampoules and 25 Buprenorphine ampoules from his possession.
Appearing for the petitioner, Advocate P.S. Pawar argued that the accused had been falsely implicated and pointed to alleged contradictions in the prosecution evidence regarding arrest, seizure and handling of the contraband. He also submitted that independent witnesses had not been associated with the recovery despite the alleged seizure having taken place at a busy public location. The counsel further contended that the petitioner had remained in custody since February 2022 and that continued detention infringed his right to personal liberty under Article 21 of the Constitution.
Opposing the plea, Deputy Advocate General PawanDev Singh submitted that the recovery involved commercial quantity contraband, attracting the stringent provisions of Section 37 of the NDPS Act. He argued that the petitioner had failed to satisfy the statutory twin conditions required for grant of bail.
The court observed that in cases involving commercial quantity, bail can be granted only when the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail.
Rejecting the defence argument based on alleged contradictions in witness statements, the court held that at the bail stage it is not required to undertake a detailed appreciation of evidence or record findings on the merits of the prosecution case. Such issues, it said, are matters for trial.
The court further held that non-association of independent witnesses, by itself, was insufficient to overcome the statutory embargo under Section 37. The evidentiary value of official witnesses and the impact of non-association of independent witnesses would be assessed during trial, it added.
On the issue of prolonged custody, the High Court acknowledged that the right to a speedy trial is a fundamental right but clarified that it is not an automatic ground for bail. The court observed that prolonged incarceration cannot mechanically override the seriousness of offences under the NDPS Act or the statutory restrictions imposed by law.
The court also noted that the delay in conclusion of the trial was not attributable solely to the prosecution or the trial court. It observed that the petitioner had also contributed to the delay through proceedings relating to engagement of counsel, filing of power of attorney and arguments on charge and discharge. The court further recorded that on one occasion the Investigating Officer could not be examined because defence counsel was absent despite the officer being present before the trial court.
Taking note that all prosecution witnesses except the Investigating Officer had already been examined and that the trial was at its final stage, the court held that the petitioner had failed to satisfy the twin conditions prescribed under Section 37 of the NDPS Act.
Accordingly, the bail application was dismissed, with the trial court directed to conclude the proceedings expeditiously and independently on the basis of the evidence on record.

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