Strict Section 37 bail conditions under NDPS law must be satisfied before release; non-compliance makes bail unsustainable.

Bail under the Narcotic Drugs and Psychotropic Substances Act cannot be granted unless the mandatory twin conditions in Section 37 are satisfied: the Public Prosecutor must be given an opportunity to oppose, and the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and will not commit any offence while on bail. The provision reflects the legislature's strict approach to offences involving serious drug-related harm. The bail order was unsustainable because these statutory conditions were not shown to have been met, and it was set aside.

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Issues: Whether the grant of bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 could stand when the mandatory conditions in Section 37 were not satisfied.

Analysis: Section 37 imposes strict limitations on the release of an accused of offences punishable with imprisonment of five years or more under the Act. Bail can be granted only after giving the Public Prosecutor an opportunity to oppose and only if the court is satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail. The provision is intended to curb the serious social harm caused by drug trafficking, and the High Court was required to apply that legislative mandate before granting bail.

Conclusion: The bail order was unsustainable because the mandatory twin conditions under Section 37 were not shown to have been met; the bail was rightly set aside.

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