NDPS bail in commercial quantity cases may be granted where conscious possession is not clearly established and Section 37 conditions are met.

Under the NDPS Act, bail in a commercial quantity case may still be granted where the court records reasonable grounds to believe the accused is not guilty and is not likely to reoffend on bail. The materials showed recovery from checked-in baggage, with no recovery on personal search and no clear proof of physical possession or conscious loading by the petitioner. On that basis, the statutory conditions in Section 37 were treated as satisfied, so the bar against bail did not operate and bail was granted.

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Issues: Whether bail could be granted in a case involving commercial quantity of contraband under the NDPS Act despite the statutory restrictions on bail.

Analysis: The petition was under Section 439 of the Code of Criminal Procedure, 1973 read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The materials showed that the contraband was recovered from checked-in baggage, while the personal search yielded nothing, and the record did not clearly establish physical possession or conscious loading of the contraband by the petitioner. On that basis, the Court found that, at the bail stage, there were reasonable grounds to believe that the petitioner was not guilty. The Court also found no material indicating that the petitioner was likely to commit a similar offence while on bail. Since the statutory conditions under Section 37 were satisfied, the bar against bail did not operate.

Conclusion: Bail was granted to the petitioner.

Ratio Decidendi: Even in cases involving commercial quantity under the NDPS Act, bail may be granted when the court records reasonable grounds for believing that the accused is not guilty and is not likely to commit an offence while on bail.

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