IMPORTANT POINT
Prolonged incarceration without trial violates Article 21, allowing for relaxation of bail restrictions under Section 37 of the NDPS Act.

ORDER :

These Bail Applications filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita are connected and therefore I am disposing of these cases by a common order.

2. Petitioners in these cases are the accused in OR No.6 of 2023 of Narcotic Control Bureau (NCB), Kochi, which is now pending as S.C. No. 1939/2023 on the files of the 1^st Additional Sessions Court, Ernakulam.

3. The gist of the prosecution case is that: on the basis of the intelligence information received on 21.06.2023, at around 14:15 hours, four suspicious parcels containing narcotic substances were recovered at Ernakulam Head Post Office. On an inspection of the said parcels, it was found that 2.23 grams (200 LSD blots) of thick, multi-colored design paper believed to be LSD were recovered. On the basis of the said information, the Investigating Officer summoned three persons. In the investigation, it was revealed that the fourth accused had ordered one of the parcels containing 900 mg of LSD (80 LSD blots) in the name of his brother-in-law, Nitheesh. On questioning the said Nitheesh, informed that the contraband article was purchased by the fourth accused by paying Rs.25,000/- through crypto currency to a person named "TILESHOP." Subsequently, the fourth accused threw away his mobile phone. Thus, the accused have committed the above offences.

4. Heard the learned counsel appearing for the petitioners and the learned Special Public Prosecutor, who appeared for the NCB.

5. Petitioners in B.A. Nos.3922/2025 & 3867/2025 earlier filed a bail application before this Court. This Court disposed of that bail application with the following directions:

“1. The petitioner is free to file a bail application before the Jurisdictional Court within two weeks raising all the contentions raised in this bail application.

2. If such a bail application is received, the Jurisdictional Court will consider the same and pass appropriate orders in it, in the light of the principle laid down by the Apex Court in Ankur Chaudhary v. State of Madhya Pradesh [2024 Live Law (SC) 416] Nitish Adhikary @ Bapan v. The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022], Hasanujjaman and others v. The State of West Bengal [SLP to Appeal (Crl.) No.3221 of 2023] and also the principle laid down by this Court in Shuaib A.S. v. State of Kerala [2025 SCC Online 618], within two weeks from the date of receipt of the application.”

6. Now, the trial court dismissed the above application again stating that the rigour under Section 37 of the NDPS Act is there and the bail application can not be considered. I am dissatisfied with the way in which the bail application is considered by the trial court. This Court directed the trial court to dispose of the bail application in the light of the Article 21 of the Constitution of India and also in the light of the principle laid down by the Apex Court in Ankur Chaudhary v. State of Madhya Pradesh [2024 Live Law (SC) 416], Nitish Adhikary @ Bapan v. The State of West Bengal [SLP to Appeal (Crl.) No.5769 of 2022] and Hasanujjaman and others v. The State of West Bengal [SLP to Appeal (Crl.) No.3221 of 2023]. In the above decisions, the Apex Court observed that, if the accused are in custody for a long period without trial, the rigour under Section 37 of the NDPS Act can be relaxed. Admittedly, in these cases, even the charge is not framed as on today. The Public Prosecutor submitted that the prosecution is ready to start the trial at any time. But it is a fact that the petitioners are in custody for more than one year and nine months.

7. In Ankur Chaudhary's case (Supra), the Apex Court observed like this:-

“6. Now, on examination, the panch witnesses have not supported the case of prosecution. On facts, we are not inclined to consider the Investigation Officer as a panch witness. It is to observe that failure to conclude the trial within a reasonable time resulting in prolonged incarceration militates against the precious fundamental right guaranteed under