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Issues: (i) Whether bail could be granted in an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 without satisfying the statutory restrictions on bail; (ii) Whether a second bail application could be entertained in the absence of any change in circumstances after an earlier rejection.
Issue (i): Whether bail could be granted in an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 without satisfying the statutory restrictions on bail.
Analysis: Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 makes offences punishable with imprisonment of five years or more subject to strict conditions before bail can be granted. Bail is the exception and refusal is the rule. The court must be 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. These limitations operate in addition to the restrictions under the Code of Criminal Procedure, 1973.
Conclusion: Bail could not be granted without compliance with the mandatory requirements of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.
Issue (ii): Whether a second bail application could be entertained in the absence of any change in circumstances after an earlier rejection.
Analysis: Successive bail applications are permissible only when there is a change in circumstances. Where no such change is shown, a fresh bail application effectively seeks a review of the earlier order, which is not permissible in criminal law.
Conclusion: The second bail application could not be allowed in the absence of changed circumstances.
Final Conclusion: The grant of bail was unsustainable for non-compliance with the statutory bail restrictions and for entertaining a renewed application without any change in circumstances.
Ratio Decidendi: Under the Narcotic Drugs and Psychotropic Substances Act, 1985, bail for serious offences can be granted only on satisfaction of the statutory twin conditions, and a successive bail application without changed circumstances amounts to an impermissible review of the earlier refusal.
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