NDPS bail requires strict Section 37 twin conditions; procedural objections like non-supply of copies cannot override the statutory embargo.

Bail under the NDPS Act is subject to the mandatory twin conditions in Section 37: the Public Prosecutor must be heard, and the court must find reasonable grounds to believe the accused is not guilty and will not commit another offence while on bail. "Reasonable grounds" requires more than a prima facie view and denotes substantial probable cause. The High Court had not addressed these statutory restraints, and the record included a confessional statement under Section 67. Alleged non-supply of copies and passage of time could not override the statutory embargo. Bail granted on those grounds was liable to be set aside.

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Issues: Whether bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 could be sustained when the statutory restrictions in Section 37 were not satisfied, and whether alleged non-supply of copies or lapse of time justified grant of bail.

Analysis: Section 37 imposes cumulative limitations on bail in offences punishable with imprisonment of five years or more: the Public Prosecutor must be heard and the court must be 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. The expression "reasonable grounds" requires more than prima facie satisfaction and contemplates substantial probable cause. In the present case, the High Court did not advert to these statutory restraints, and the material included the confessional statement under Section 67. Mere alleged non-compliance with an order for supply of copies could not override the mandatory bail embargo under Section 37. The plea based on passage of time also did not create a rule of universal application or amount to affirmation of any earlier summary dismissal.

Conclusion: Bail could not be sustained on the grounds relied upon, and the order granting bail was liable to be set aside.

Ratio Decidendi: In offences governed by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, bail can be granted only on satisfaction of the statutory twin conditions, and procedural objections such as non-supply of copies cannot by themselves defeat the mandatory embargo.

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