Strict Section 37 bail conditions govern NDPS commercial-quantity cases; bail fails without statutory satisfaction.

Bail in NDPS offences involving commercial quantity is subject to the cumulative restrictions in Section 37. The court must first give the Public Prosecutor an opportunity to oppose bail and, where opposed, record reasonable grounds for believing the accused is not guilty and is not likely to commit any offence while on bail. The text states that reasonable grounds demand more than a prima facie view. Because these mandatory safeguards were not considered when bail was granted, the order was stated to be unsustainable and liable to be set aside.

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Issues: Whether bail could be granted in an offence involving commercial quantity of ganja under the Narcotic Drugs and Psychotropic Substances Act, 1985 without satisfying the mandatory conditions in Section 37.

Analysis: Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 imposes additional and cumulative restrictions on bail in respect of offences involving commercial quantity. Before granting bail, the court must give the Public Prosecutor an opportunity to oppose the application and, where opposed, must be satisfied on reasonable grounds that the is not guilty and is not likely to commit any offence while on bail. The expression "reasonable grounds" requires more than prima facie satisfaction. In the present matter, neither the trial court nor the High Court applied these statutory limitations while granting bail, despite the seizure and the nature of the alleged offence.

Conclusion: Bail could not be sustained because the mandatory requirements of Section 37 were not considered or satisfied, and the order granting bail was liable to be set aside.

Ratio Decidendi: In offences under the Narcotic Drugs and Psychotropic Substances Act, 1985 involving commercial quantity, bail cannot be granted unless the court first complies with Section 37 and records satisfaction on both statutory conditions.

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