NDPS bail relief: non-commercial recovery meant Section 37 restrictions did not apply, and regular bail was granted.

Recovery attributed to the petitioner, traced through a disclosure statement, consisted of pseudo ephedrine and intoxicating powder containing dextro propoxyphene hydrochloride. As the recovered quantity did not amount to commercial quantity, the statutory bar under Section 37 of the NDPS Act was held inapplicable on the facts. Regular bail was therefore granted.

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Issues: Whether the petitioner was entitled to regular bail in view of the recovery made and the applicability of the restrictions under Section 37 of the NDPS Act.

Analysis: The petitioner's involvement was traced through a disclosure statement, and the recovery attributed to him consisted of Pseudo Ephedrine and intoxicating powder containing dextro propoxyphene hydrochloride. The Court noted that the recovery already stood effected and that the quantity recovered did not amount to commercial quantity. On that basis, the statutory bar under Section 37 of the NDPS Act was held to be inapplicable in the facts of the case.

Conclusion: The petitioner was held entitled to the concession of regular bail.

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