Strict NDPS bail requirements under section 37: no recovery from petitioner and no material showing reoffending risk.

Regular bail under section 37 of the NDPS Act depends on hearing the Public Prosecutor and the Court's satisfaction that there are reasonable grounds to believe the accused is not guilty and is unlikely to reoffend. No contraband was recovered from the petitioner, the seizure was from a co-accused, and the co-accused's statements did not name the petitioner or show knowledge of the concealed narcotics. The petitioner's role was limited to invoicing and dispatch, and no material was shown to indicate a likelihood of reoffending, so the statutory requirements for bail were treated as satisfied and bail was granted.

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Issues: Whether the petitioner was entitled to regular bail in an NDPS prosecution despite the statutory restriction under section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The application was examined against the mandatory requirements of section 37, which permit bail only if the Public Prosecutor 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 any offence while on bail. No contraband was recovered from the petitioner. The material placed before the Court showed that the seizure was from the co-accused, and the co-accused's statements did not name the petitioner as an accomplice or indicate that the petitioner knew of the concealed narcotics. The petitioner's role was confined to generating invoices and dispatching consignments, and the respondent failed to place any material showing a likelihood of reoffending.

Conclusion: The statutory requirements for bail were held to be satisfied, and regular bail was granted to the petitioner.

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