As per case facts, the petitioner was arrested for possessing 1755 grams of Wincirex (Codeine), a commercial quantity, leading to the application of Section 37 of the NDPS Act. He ... also has a prior criminal antecedent. The petitioner approached the High Court seeking regular bail due to prolonged pre-trial custody (over two years). The question arose whether bail could be granted despite the commercial quantity and Section 37 restrictions, given the significant period of incarceration. Finally, the High Court, referring to various Supreme Court precedents in similar NDPS cases involving commercial quantities and prolonged custody, found the petitioner entitled to bail, subject to stringent conditions and provided he is not involved in other cases, emphasizing that prolonged incarceration militates against fundamental rights.