Manipur High Court grants bail to accused after 3.5 years in NDPS custody

The Single Judge Bench of the Manipur High Court, comprising Justice A. Guneshwar Sharma, granted bail to an accused who had spent three and a half years in custody on charges under the NDPS Act.

The court found that the statutory presumption under Section 35 of the NDPS Act was rebuttable and applied the twin test of Section 37. The bench noted the accused had no previous similar criminal involvement and the trial had not progressed substantially. It held that prolonged custody alone does not justify continued detention without meeting the statutory threshold under Section 37 of the Act.

The case stemmed from December 2022, when 2.163 kg of brown sugar was recovered from a vehicle during a routine check by Assam Rifles personnel. The accused and a co-passenger were arrested; the main driver escaped. A charge-sheet was later filed, and an earlier bail application was rejected in December 2023.