progressing. In this regard, it is observed by this Court that the Apex Court has, in such cases granted benefit of prolonged incarceration only to those accused persons who have undergone a minimum period of detention of one year and six month. Though no hard and fast rule may be prescribed in this regard as to what would be the measure of prolonged incarceration and each case is to be considered on the basis of facts and circumstances specific to that particular case. However, a clue in this regard may be taken from the Apex Court as the Apex Court has given the benefit of bail to those accused persons who have been detained for a minimum period of one year and six months only. In this case, the petitioner has undergone a period of detention of only 1 year, 2 months, and 13 days and though the learned senior counsel has cited the ruling of the Court of coordinate Bench of this Court in “ Hussain Ahmed –Vs- State of Assam” (supra), wherein the petitioner of that case was granted bail on the ground of prolonged incarceration of one year, one month and twelve days, however, under the facts and circumstances of this case, this court is not convinced that the petitioner is entitled to get bail only on the ground of prolonged incarceration as this court is of considered opinion that under the facts and circumstances of this case, the detention of the petitioner is not long enough so as to entitle him to get bail only on that ground, more so, when the embargo of Section 37 of the NDPS Act is applicable in this case.
