#Bail conditions NDPS

The Himachal Pradesh High Court granted bail to a petitioner accused of possessing 254g of charas, ruling that once the investigation is complete and no risk of witness tampering or flight is established, continued custody violates Article 21 - reinforcing BNSS Section 483’s shift away from automatic detention in drug cases. This sets a critical precedent for accused persons in intermediate quantity NDPS cases across India.

Rajasthan High Court rules that bail under the NDPS Act must be granted on parity grounds when no contraband is recovered from the accused, investigation is complete, and co-accused have already been released. The judgment reinforces that prolonged detention without direct evidence violates Article 21 rights, setting a precedent for bail in non-recovery cases under stringent drug laws.

Allahabad High Court reinforces that a co-accused's confessional statement under Section 29 of the NDPS Act cannot be used to deny bail to another accused, absent independent evidence linking them to the recovery. The ruling aligns with the Supreme Court's precedent in Toofan Singh, ensuring bail is not denied solely on the basis of a co-accused's confession.