Narcotics-related offences: Bail can be denied even after a year in jail, says Madras HC

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In the case of possession of narcotics and psychotropic substances, courts can refuse bail even after one year of imprisonment if there were reasonable grounds to believe that the accused might be guilty of the offence, the Madras High Court has ruled.

Justice N. Ramesh said the right to speedy trial of the accused must be read in conjunction with Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985 and not as a substitute for Section 37 of the Narcotic Drugs and Psychotropic Substances Act, which imposes restrictions on the grant of bail to accused under the Act.

The judge denied 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 possession of 55 grams of methamphetamine, a stimulant that affects the central nervous system.

During investigation, the accused allegedly told the police that he had bought 45 grams from a Nigerian national and the remaining 10 grams from absconding accused Kayum Bhai from Dharavi, Mumbai. The forensics department confirmed that the substance seized was indeed methamphetamine.

Any quantity above 50 grams was classified as “commercial quantity” under the NDPS Act and therefore the petitioner, if convicted of the offence, would have to be sentenced to rigorous imprisonment for a term of not less than 10 years and the sentence could be extended even up to 20 years under Section 22(c). c), the judge said.

The petitioner’s counsel sought bail on the grounds of long imprisonment, but government pleader (criminal side) MMI Khaleel vehemently opposed the plea, arguing that the police had already filed a charge sheet against the accused in a special court for NDPS cases in Chennai.

After hearing both, the judge pointed out that Section 37 of the NDPS Act categorically states that every offense punishable under the Act shall be cognizable and no person charged with an offense under the Act shall be granted bail unless the Public Prosecutor has been given an opportunity of hearing.

Furthermore, § 37 paragraph 1 letter (b)(ii) directs that when the public prosecutor opposes an application for bail, the court should not grant bail unless it is satisfied that there are reasonable grounds to believe that the applicant is not guilty of such an offense and that he is not likely to commit any offense on bail.

In the present case, the term of imprisonment served by the petitioner does not, at this stage, exceed the bar under Section 37 of the NDPS Act. “I am not convinced that there are reasonable grounds to believe that the petitioner is not guilty of the offense alleged,” the judge said, rejecting the bail application.

Published – 04 Oct 2026 16:31 IST