Section 37 NDPS bail safeguards can justify recalling an order that ignored the mandatory twin conditions.

In NDPS cases involving commercial quantity, Section 37 imposes a statutory bar to bail unless the court is satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail. The text explains that where an earlier bail order does not advert to these mandatory twin conditions, and the record indicates conscious possession and disclosure material, the order may be treated as one passed without proper application of the statutory restriction. It distinguishes ordinary cancellation of bail on supervening circumstances from recall of a bail order not sanctioned by law, and states that inherent powers may be invoked to correct such an order.

---

---

Issues: Whether bail granted in an NDPS case could be recalled and cancelled on the ground that the mandatory conditions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not considered, and whether the Court could invoke its inherent jurisdiction for that purpose.

Analysis: Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 imposes a statutory bar in cases involving commercial quantity, requiring satisfaction 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 record showed material indicating conscious possession and a disclosure statement, while the earlier bail order did not advert to the mandatory twin conditions or the statutory restrictions. The Court distinguished ordinary cancellation of bail on supervening circumstances from recall of an order passed without proper application of the statutory bar, and held that inherent powers could be invoked to correct an order not sanctioned by law.

Conclusion: The bail order was liable to be recalled and the bail cancelled because the mandatory requirements of Section 37 were not properly considered.

Final Conclusion: The application succeeded, and the respondent was directed to surrender, failing which coercive steps could follow.

Ratio Decidendi: In an NDPS case involving commercial quantity, a bail order passed without due consideration of the mandatory twin conditions under Section 37 can be recalled or cancelled by invoking the Court's inherent powers.

---