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As per case facts, police seized intoxicant bottles (commercial quantity) from the petitioner. The petitioner, having one prior criminal antecedent, was arrested and sought regular bail under BNSS, 2023, due
...to prolonged pre-trial custody. The question arose whether bail could be granted despite the commercial quantity and previous antecedent, considering the strict conditions of Section 37 of the NDPS Act and the petitioner's prolonged incarceration. Finally, the High Court, citing numerous Supreme Court precedents where bail was granted for similar NDPS offenses primarily due to extended pre-trial custody, concluded that prolonged incarceration militates against Article 21. Without commenting on the merits, the court granted regular bail, finding that conditional liberty must override the statutory embargo under Section 37(1)(b)(2) of the NDPS Act. Stringent conditions were imposed, including a condition for bail revocation if new non-bailable or NDPS offenses are committed.
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