Strict NDPS Act bail conditions not a must if recovered drug only marginally above commercial quantity: Delhi High Court

The Delhi High Court recently observed that when the drugs recovered from an accused are only marginally above the commercial quantity threshold, the stringent bail conditions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) need not be applied in their full rigour [Sunny v State of NCT of Delhi]

Justice Amit Bansal made the observation while hearing a bail plea of a man arrested in July 2025 after alleged recovery of 259.3 grams of morphine.

The commercial quantity for morphine is 250 grams.

"In such circumstances, the strict application of the rigours of the NDPS Act may not be justified and warrants a more nuanced consideration," the Court said.

According to the prosecution, the accused Sunny was caught during regular police patrolling. His disclosure led the police to a co-accused, from whom 114 grams of morphine was recovered. The co-accused was granted bail by a Sessions Court in May this year.

The counsel for Sunny argued that he had been falsely implicated and that no independent public witness was joined during the search despite people being present at the spot. He added that charges had been framed but no witness has been examined so far.

The State opposed the plea, contending that Section 37 was attracted and that the accused could not claim parity since the co-accused was found with an intermediate quantity. It also pointed to a previous FIR against him.

Relying on a series of Supreme Court rulings, the Court said the Section 37 requirements do not preclude grant of bail on the grounds of undue delay in the completion of the trial. It added that the evidence was yet to begin and "will take considerable time."

The Court thus granted bail to the accused.

Advocates Shan Ul Islam, S Islam and Dinesh Chandar appeared for the accused.

Additional Public Prosecutor Mukesh Kumar appeared for the State, along with Sub-Inspector Arvind Kumar of the Crime Branch.

[Read Order]