The Kerala High Court has refused to release a 36-year-old man accused of carrying methamphetamine, holding that long time in jail by itself is not enough to grant bail in cases involving commercial quantities of drugs under the NDPS Act. The order came from Justice Kauser Edappagath while hearing a fresh bail plea in a Wayanad excise case.
Background of the Case
According to the prosecution, excise officials stopped the accused during routine checks at the Muthanga Excise Check Post on July 16, 2024. They allegedly found two packets of methamphetamine weighing about 48 grams and 31 grams. Investigators later said the drug was bought after money was sent through different bank accounts, pointing to a planned purchase involving other accused persons.
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The case is being tried before the Additional Sessions Court at Kalpetta under sections of the NDPS Act that deal with commercial quantity and conspiracy.
The accused has been in custody since July 2024. His earlier bail plea had already been rejected.
The defence told the court that the man had spent more than one and a half years in jail and the trial was unlikely to finish soon. On that basis, his lawyer asked the court to grant him bail, arguing that continued detention would be unfair.
The State opposed the plea. The prosecutor stressed that offences under the NDPS Act are treated as “grave” because they involve serious harm to society. He also pointed out that the law sets strict conditions for bail in cases of commercial quantity and that the accused has criminal history, including another case under the same law.
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Court’s Observations
Justice Edappagath looked at recent Supreme Court rulings on bail under special laws. The court noted that while constitutional courts can step in when a trial is unreasonably delayed, the Supreme Court has also made it clear that “delay in trial or prolonged incarceration cannot by itself justify the grant of bail” in cases involving commercial quantities of narcotic drugs.
The judge observed that in this case, the drugs were seized from the direct possession of the accused. The court said the accused had failed to show any strong reason to believe he was not guilty at this stage. Because of that, the strict conditions under Section 37 of the NDPS Act continued to apply. The order also recorded that the accused has criminal antecedents, which weighed against him.
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As the bench put it, the period spent in custody “has no bearing” when the law’s strict bar on bail is triggered and the facts do not weaken the prosecution case.
Decision
After considering both sides, the High Court held that prolonged incarceration alone is not a valid ground for bail in this case. Finding no reason to relax the strict NDPS conditions, the court dismissed the bail application and kept the accused in custody.
Case Title:- Abid v. State of Kerala and Anr.
Case Title:- Bail Application No. 13355 of 2025
Date of Order: 4 February 2026
