Criminal Procedure Code, 1973
Section 439—Bail—NDPS Case—Principles/directives enunciated by Apex Court in 1994 (6) SCC 73 provides that if an under-trial is charged for an offence under the NDPS Act punishable and the trial is delayed and the accused has already undergone almost half of the sentence prescribed (or the minimum if there is a range provided) then he should be entitled for being released on bail subject to conditions—Petitioner was allegedly found in possession of 682 grams of heroin for which he is charged—This being a commercial quantity would invite a minimum sentence of 10 years and a fine of 1 lakh rupees extendable to 20 years and a fine of 2 lakh rupees—Petitioner has spent more than half period of minimum sentence of 10 years and trial is expected to take more time and not conclude in the near future, therefore, the principle enunciated by the Apex Court will directly apply to the facts in this case and would entitle the petitioner to bail subject to certain conditions—Bail granted. [Narcotic Drugs and Psychotropic Substances Act, 1985, Section 21 & 29]
[Paras 6 & 8]