NDPS bail restrictions apply to ganja possession offences punishable up to five years, requiring strict statutory conditions.

Section 37 of the NDPS Act applies to offences punishable with imprisonment of five years or more, including possession of ganja under Section 20(b)(i). The provision operates notwithstanding the Code of Criminal Procedure, 1973, and imposes additional bail conditions: the prosecution must be heard, and the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail. The statutory scheme and object of curbing illicit trafficking support a strict construction, so bail cannot be granted without meeting these twin conditions.

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Issues: Whether the bail restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 apply to an offence punishable under Section 20(b)(i) of that Act for possession of ganja.

Analysis: Section 37 begins with a non-obstante clause and places additional limitations on the grant of bail beyond the Code of Criminal Procedure, 1973. Its operation is attracted where the accused is charged with an offence punishable with imprisonment of five years or more under the Act, and bail can be granted only if the prosecution is heard and the court is satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit an offence while on bail. The punishment under Section 20(b)(i) extends up to five years, and there is no basis to exclude such an offence from the sweep of Section 37. The scheme of the Act and its legislative object of curbing illicit trafficking in narcotic drugs also support a stringent construction of the bail provision.

Conclusion: Section 37 applies to an offence under Section 20(b)(i) of the Act, and the High Court was wrong in granting bail without satisfying the statutory conditions.

Ratio Decidendi: For offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 punishable with imprisonment of five years or more, the special bail restrictions in Section 37 apply notwithstanding the Code of Criminal Procedure, 1973, and bail cannot be granted unless the statutory twin conditions are satisfied.

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