Madras High Court· 04 August 2026

Can the Court grant bail under Article 21 where the trial could not proceed only because of NBW against the other accused?

Saimon Debbarma v. The State Rep by The Inspector of Police

CRL OP.19697/2026 · 2026:MHC:3225 · CRL OP No. 19697 of 2026
Coram: Justice C.Kumarappan

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Answer

No. Where 7 witnesses have already been examined and the trial could not be proceeded with only because of issuance of NBW against the other accused, this Court could not find any merits in the defence under Article 21 of the Constitution of India. The petitioner has every right to seek remedy before the Trial Court to split up the case.

Headnote

NDPS Act — s.50 — s.52A — s.37 — Constitution of India — Art.21 — Bail — Commercial quantity — Joint notice — NDPS Act — s.50 — Joint notice — Accused made aware of his right — Held: The format or the joint information is not the matter; what is essential is that the accused was made aware about his right under Section 50 to be searched before a Gazetted Officer or a Magistrate, and even oral notice is sufficient. (¶5, 7) NDPS Act — s.52A — Guidelines while sending the samples — Procedural irregularity — Held further: Non compliance of Section 52A qua the guidelines while sending the samples may only be a procedural irregularity and will not vitiate the entire trial; it can only be considered during Trial, not at the stage of bail. (¶9) Constitution of India — Art.21 — No progress in the Trial — NBW against the other accused — On facts, held: Where the trial could not be proceeded with only because of issuance of NBW against the other accused, this Court could not find any merits in the Article 21 defence; his remedy is before the Trial Court to split up the case. (¶11) NDPS Act — s.37 — Commercial quantity — Defence that is matter for trial — Held further: Where the recovered contraband is a commercial quantity and the defence raised is matter for trial, this Court could not find any merits to overcome the rigour under Section 37 of the NDPS Act. Criminal Original Petition dismissed. (¶10, 12, 13)

In the Court's own words

Paragraph 11Apart from the above defence, the learned counsel for the petitioner also raised the defence under Article 21 of the Constitution of India, as there was no progress in the Trial in 2020 case. But, while looking https://www.mhc.tn.gov.in/judis ( Uploaded on: 04/08/2026 07:16:12 pm ) into the factual position, so far 7 witnesses were examined and only because of issuance of NBW against the other accused, the Trial could not be proceeded with. At this juncture, it is relevant to mention that the petitioner has got every right to seek remedy before the Trial Court to split up the case.

Paragraph 12At this juncture, the learned counsel for the petitioner would submit that the petitioner has already moved for such relief. In such view of the above circumstances, this being a commercial quantity of contraband, this Court could not find any merits in favour of the petitioner.

Acts & Sections

s.50 Narcotic Drugs and Psychotropic Substances Act, 1985s.37 Narcotic Drugs and Psychotropic Substances Act, 1985s.52A Narcotic Drugs and Psychotropic Substances Act, 1985s.52 Narcotic Drugs and Psychotropic Substances Act, 1985s.8(c) Narcotic Drugs and Psychotropic Substances Act, 1985s.20(b)(ii)(C) Narcotic Drugs and Psychotropic Substances Act, 1985s.29(1) Narcotic Drugs and Psychotropic Substances Act, 1985Art.21 Constitution of India

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Also decided in this judgment

Does a joint notice under Section 50 of the NDPS Act to all the accused vitiate the trial?

Plain-language answer prepared by the LexStreak Editorial Desk — verify against the judgment. Source: Madras High Court. Corrections