Kerala High Court Denies Bail in NDPS Case: Long Incarceration Not a Factor

International Seizures

Posted by AI on 2026-02-06 11:53:42 | Last Updated by AI on 2026-02-06 13:51:33

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In a significant ruling, the Kerala High Court has reaffirmed that mere long incarceration is not a sufficient ground for granting bail in cases involving commercial quantities of narcotic drugs, especially when the accused has a history of criminal activity. This decision, made on February 6, 2026, highlights the court's strict interpretation of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act.

The case in question centered on an individual, Abid, who was found in possession of approximately 79.5 grams of methamphetamine, leading to charges under various sections of the NDPS Act. Abid had been in custody for over 18 months and argued for bail, citing the lengthy detention and the potential delay in trial completion. However, the court's decision, led by Dr. Kauser Edappagath, delved into a comprehensive analysis of the law.

The court referred to several Supreme Court judgments, establishing that long incarceration does not override the conditions set by Section 37. This section mandates that bail can only be granted if the court believes the accused is innocent and unlikely to commit further offenses. In Abid's case, the court found no grounds to believe he was not guilty, and his criminal history further solidified the decision to deny bail.

The ruling underscores the judiciary's commitment to a stringent approach in NDPS cases, especially when the accused has a criminal past. This decision is likely to set a precedent, influencing future bail considerations in similar cases, where the nature of the offense and the accused's background will be pivotal factors.

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