Bail Application Allowed: Court Cites Prolonged Detention and Marginal Ganja Recovery.
01 August 2025
Bail and Antcipatory Bail >> Criminal Law | Drugs >> Criminal Law
This court order grants bail to Vinay Sharma, who was arrested for allegedly possessing 21.508 kg of Ganja, slightly above the commercial quantity threshold of 20 kg under the NDPS Act. The applicant's counsel argued that the strict conditions for bail under Section 37 of the NDPS Act should not apply, citing cases where bail was granted for quantities just over the commercial limit.
The court considered several factors in favor of granting bail:
- Prolonged Incarceration: The applicant has been in judicial custody for nearly three years, but only 3 out of 18 prosecution witnesses have been examined. This slow trial progress was a key factor.
- Marginal Quantity: The recovered quantity of Ganja (21.508 kg) is only slightly over the 20 kg commercial quantity limit, which, according to the court, warrants a nuanced consideration rather than a strict application of Section 37.
- Lack of Evidence: The defense pointed out the absence of videographic evidence and independent witnesses, which cast doubt on the prosecution's case.
- Low Risk: The applicant has no prior criminal record, and there is no evidence to suggest he would tamper with evidence or influence witnesses, as the evidence is already seized and most witnesses are police personnel.
- Prior Bail: The applicant was previously granted interim bail and complied with all conditions.
Based on these reasons, the court concluded that the applicant deserves to be released on bail during the trial.
Section 20, Narcotic Drugs and Psychotropic Substances Act - 1985
Section 37, Narcotic Drugs and Psychotropic Substances Act - 1985
Narcotic Drugs and Psychotropic Substances Act, 1985