Controlled substance export regulation under NDPS bars bail where section 37 twin conditions are not met.

Ephedrine Hydrochloride was treated as a notified controlled substance under the NDPS regime, and section 9A with the 1993 control order extended export regulation to exports from India. The Court noted that the order required compliance with record-keeping, transport and labelling conditions, and the facts showed breach of those requirements. Because the offence was punishable under section 25A of the NDPS Act, the bail restrictions in section 37(1)(b) applied, and the statutory twin conditions were not satisfied. Bail was therefore refused.

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Issues: Whether Ephedrine Hydrochloride was a controlled substance whose export was regulated or prohibited under the NDPS regime and, consequently, whether the petitioner was entitled to bail.

Analysis: Ephedrine Hydrochloride was notified as a controlled substance under the relevant Central Government notification. Section 9A of the NDPS Act conferred general power on the Central Government to control and regulate controlled substances, and the export controls under the 1993 order applied to export out of India as well. The order required compliance with record-keeping, transport, and labeling requirements, and the facts showed breach of those requirements. The statement recorded under section 108 of the Customs Act was treated as a matter going to evidentiary appreciation and did not displace the statutory restrictions on bail. Since the offence was punishable under section 25A of the NDPS Act, the limitations under section 37(1)(b) applied and the Court was not satisfied that the petitioner was not guilty or unlikely to commit an offence on bail.

Conclusion: The petitioner was not entitled to bail and the bail request was rejected.

Ratio Decidendi: A controlled substance notified under the NDPS Act remains subject to export regulation under section 9A and related control orders, and where the offence attracts section 37, bail cannot be granted unless the statutory twin conditions are satisfied.

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