Court denies bail after one year in custody

The Madras High Court ruled that courts can deny bail in drug possession cases even after one year of incarceration if reasonable grounds exist to believe the accused is guilty.

The case: methamphetamine possession in Tiruvallur

Muneer Sheik was arrested on October fourteen, twenty twenty-five, by Manavala Nagar police in Tiruvallur district for possessing fifty five grams of methamphetamine, a stimulant affecting the central nervous system.

Accused told police about drug sources

On inquiry, Muneer Sheik reportedly told police he purchased forty five grams from a Nigerian national and ten grams from absconding accused Kayum Bhai of Dharavi in Mumbai.

Fifty five grams classified as commercial quantity

Any quantity above fifty grams is classified as commercial quantity under the NDPS Act. If convicted, Muneer Sheik would face rigorous imprisonment for not less than ten years, extendable to twenty years.

Judge cites Section 37 bail restrictions

Justice N. Ramesh said Section 37 of the NDPS Act states no person accused of an offence shall be released on bail unless the public prosecutor has been given opportunity of hearing.

“Section 37 of the NDPS Act categorically states every offence punishable under the Act shall be cognisable and no person accused of an offence under it shall be released on bail unless the public prosecutor had been given an opportunity of hearing.”

Incarceration does not outweigh bail bar

Justice Ramesh ruled that the period of incarceration undergone by Muneer Sheik does not outweigh the bar under Section 37 of the NDPS Act, dismissing the bail plea.

“I am not satisfied that there are reasonable grounds for believing that the petitioner is not guilty of the offence alleged.”

Right to speedy trial does not displace bail restrictions

Justice N. Ramesh said the right to speedy trial of an accused must be read alongside, not in displacement of, Section 37 of the NDPS Act, which imposes restrictions on bail.