The Delhi High Court has held that the stringent bail restrictions under the Narcotic Drugs and Psychotropic Substances (NDPS) Act may warrant a more nuanced approach when the quantity of drugs allegedly recovered is only marginally above the prescribed commercial threshold.
Justice Amit Bansal made the observation while granting bail to Sunny, who was arrested in July 2025 following the alleged recovery of 259.3 grams of morphine — just 9.3 grams above the 250-gram commercial quantity limit.
“In such circumstances, the strict application of the rigours of the NDPS Act may not be justified and warrants a more nuanced consideration,” the Court observed in Sunny v. State of NCT of Delhi.
According to the prosecution, Sunny was apprehended during routine police patrolling. Information allegedly provided by him subsequently led the police to another accused, from whom 114 grams of morphine was recovered. The co-accused was granted bail by a Sessions Court in May this year.
Opposing the allegations, Sunny argued that he had been falsely implicated in the case. His counsel also questioned the search procedure, pointing out that no independent public witness had been associated with the recovery despite people being present at the spot.
The defence further submitted that charges had already been framed, but the examination of witnesses had not begun.
The State opposed the bail application, maintaining that the restrictions under Section 37 of the NDPS Act applied to the case. It also argued that Sunny could not claim parity with the co-accused, whose alleged recovery involved an intermediate quantity rather than a commercial quantity. A previous FIR against Sunny was cited as an additional ground for opposing relief.
The High Court, however, emphasised that the stringent conditions under Section 37 do not rule out bail where undue delay in the conclusion of the trial becomes a relevant consideration.
Relying on a series of Supreme Court decisions, the Court noted that the evidence was yet to begin and that the trial would take considerable time to conclude.
Taking these circumstances into account, the Court granted bail to Sunny, finding that the case called for a more measured assessment rather than an inflexible application of the statutory restrictions.