Incarceration Period Has No Bearing In Bail Matters Involving Commercial Quantities Of Drugs In NDPS Case Where Accused Has Criminal Antecedents: Kerala High Court

The High Court was considering a bail application of an accused person booked in a case registered under Sections 22(c), 27A and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act).

The Single Bench of Justice Kauser Edappagath held, “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.”

Advocate P. Mohamed Sabah represented the Petitioner, while Senior Public Prosecutor K. A. Noushad represented the Respondent.

Factual Background

The excise team, while conducting the routine vehicle inspections, found the applicant in possession of 48.032 gms and 31.45 gms of methamphetamine in two separate covers. After the enquiry which followed the detection, the Excise Crime Branch concluded that the applicant and the second accused had conspired to purchase the drug from the third accused. Then, upon payment of a total amount of Rs 1,03,400 by transfer through various accounts, the third accused sold the seized methamphetamine to the applicant and thereby the applicant committed the offences alleged.

Issue

The issue before the Bench was 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.

Reasoning

The Bench referred to the judgment of the Apex Court in State of Karnataka v. Sri Darshan (2025) wherein it has been observed that the mere prospect of a prolonged trial cannot, by itself, outweigh the gravity of the offence, the incriminating material gathered during investigation or the likelihood of tampering with witnesses. Reference was also made to the judgment in Union of India v. Vigin K.Varghese (2025) wherein it was held that delay in trial or prolonged incarceration cannot by itself justify the grant of bail in cases involving commercial quantity of narcotic drugs when the mandatory twin conditions under Section 37 of the NDPS Act remain unmet.

On a perusal of the facts of the case, the Bench noted that the contraband was seized from the direct possession of the applicant. The applicant had not been able to point out the existence of any facts or circumstances that were sufficient to justify recording a finding that he is not guilty of the offences charged.

In light of such facts and circumstances, the Bench held that the rigour under Section 37 of the NDPS Act was not diluted. “It is also reported that the applicant has criminal antecedents. He is involved in another crime under Section 22(c) of the NDPS Act”, it stated.

Thus, holding that the applicant cannot be released on bail on the ground of prolonged incarceration, the Bench dismissed the application.

Cause Title: Abid v. State Of Kerala (Neutral Citation: 2026:KER:10342)

Appearance

Petitioner: Advocates P. Mohamed Sabah, Libin Stanley, Saipooja, Sadik Ismayil, R. Gayathri, M. Mahin Hamza, Alwin Joseph, Benson Ambrose

Respondent: Senior Public Prosecutor K. A. Noushad

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