Mandatory NDPS bail conditions must be considered before release; custody length alone cannot sustain bail

Grant of bail in an NDPS prosecution cannot stand where the court ignores Section 37's mandatory conditions. The bail order here was based only on the length of custody and did not consider the statutory twin requirements for bail under the Act. Because compliance with Section 37 is compulsory in proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985, the order was unsustainable in law and was set aside, with the accused directed back into custody.

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Issues: Whether the grant of bail to a person charged under sections 8 and 21 of the Narcotic Drugs and Psychotropic Substances Act, 1985, without considering the requirements of Section 37 of the Act, was sustainable.

Analysis: The order of bail rested only on the length of custody and contained no consideration of the statutory requirements under Section 37. In proceedings under the Narcotic Drugs and Psychotropic Substances Act, 1985, compliance with Section 37 is mandatory, and a bail order made in disregard of that provision cannot stand. The impugned order was therefore unsustainable in law.

Conclusion: The bail order was set aside and the respondent was directed to be taken back into custody.

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