NDPS bail on commercial quantity hinges on conscious possession and Section 37 safeguards

Commercial quantity under the NDPS Act triggered the Section 37 bail embargo, so release depended on satisfaction of the statutory twin conditions. On the material at the bail stage, the Court found that the attributed statement was not an inculpatory confession and indicated lack of knowledge of the packet's contents. It also held that recovery alone did not establish conscious possession, and there was no further material showing a likelihood of reoffending while on bail. On that basis, the statutory requirements for bail were treated as satisfied and release on bail was allowed.

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Issues: Whether the petitioner was entitled to bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 despite the alleged recovery of commercial quantity, and whether the material available at the bail stage showed conscious possession so as to attract the statutory embargo on bail.

Analysis: The alleged recovery was of commercial quantity, so the restrictions on bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applied. The Court examined the material available at the bail stage, including the statement attributed to the petitioner and the prosecution case regarding recovery from the vehicle. It held that the so-called confession was not an inculpatory confession and, on its face, indicated lack of knowledge of the contents of the packet. The Court also found that there was no material, apart from the statement and recovery, to show conscious possession, and no circumstance suggesting that the petitioner was likely to commit any offence while on bail.

Conclusion: The petitioner satisfied the requirements for bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and was entitled to release on bail.

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