Narcotic drug offences: Bail can be denied even after one year of incarceration, says Madras HC
The Madras High Court ruled that bail can be denied to individuals accused of serious narcotic offences even after one year of incarceration. The court emphasized that the NDPS Act's strict provisions regarding commercial quantities of drugs take precedence over the right to a speedy trial.
Why it matters
This ruling clarifies the legal threshold for bail in drug-related cases, balancing individual rights against the state's interest in curbing drug trafficking.
In a case booked for possession of narcotic drugs and psychotropic substances, courts can deny bail even after one year of incarceration if there were reasonable grounds to believe that the accused could be guilty of the offence, the Madras High Court has held.
Justice N. Ramesh said the right to speedy trial of an accused must be read alongside and not in displacement of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, which imposes restrictions on grant of bail to the accused booked under the Act.
The judge refused to grant bail to Muneer Sheik, who was arrested along with his co-accused Javeed, by the Manavala Nagar police in Tiruvallur district on October 14, 2025, for being in possession of 55 grams of methamphetamine, a stimulant that affects the central nervous system.
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