Madras High Court upholds NDPS bail restrictions after year in custody

The Madras High Court has held that an accused person can be denied bail under India’s Narcotic Drugs and Psychotropic Substances Act even after more than a year in custody, if the court has reasonable grounds to believe the person may have committed the offence. Justice N. Ramesh dismissed a bail petition filed by Muneer Sheik, who was arrested by Manavala Nagar police in Tiruvallur district on October 14, 2025.

Sheik and a co-accused, Javeed, were charged with possessing 55 grams of methamphetamine. According to the case material, the accused reportedly told police that they had bought 45 grams from a Nigerian national and a further 10 grams from an absconding suspect known as Kayum Bhai of Mumbai’s Dharavi. The Forensic Sciences Department confirmed that the seized substance was methamphetamine.

The court noted that quantities above 50 grams are classified as commercial quantities under the NDPS Act. A conviction under the relevant provision could carry a minimum sentence of 10 years’ rigorous imprisonment and a maximum of 20 years. Sheik’s lawyer argued that the length of his incarceration justified release on bail.

Government Advocate M.M.I. Khaleel opposed the application, telling the court that police had filed a charge sheet before a special NDPS court in Chennai. The judge said the right to a speedy trial must be considered alongside, rather than instead of, Section 37 of the NDPS Act.

That section requires the public prosecutor to be heard and restricts bail where the prosecution objects, unless the court finds reasonable grounds to believe the accused is not guilty and is unlikely to commit another offence while free. Justice Ramesh concluded that the period already spent in custody did not outweigh the statutory restrictions. He said he was not satisfied there were reasonable grounds to believe Sheik was not guilty and dismissed the bail plea.