Delhi High Court Grants Bail Where Morphine Recovery Barely Exceeded Commercial Threshold

The Delhi High Court granted bail to an accused after considering a morphine recovery only marginally above the statutory commercial-quantity threshold.

Background and legal issue

The prosecution alleged recovery of 259.3 grams, against a threshold of 250 grams. The accused had been in custody since July 2025, and the trial had not begun recording evidence.

Court's reasoning and legal position

Justice Amit Bansal said the strict requirements of Section 37 NDPS Act require nuanced application in the circumstances, particularly where trial delay is substantial. The Court did not declare the statutory threshold invalid or create an automatic exception for every marginal excess.

Operative effect and next step

Bail was granted subject to the applicable conditions. The prosecution remains responsible for proving the charge at trial.