NDPS bail must satisfy Section 37 restrictions; release order quashed for non-consideration of the statutory bar.

Bail under the NDPS Act must be tested against the mandatory restrictions in Section 37, and an order granting release without addressing those requirements cannot stand. The Supreme Court noted that the High Court granted bail without considering the statutory bar and, because Section 37 was not dealt with, quashed both the Special Judge's bail order and the revisional order. The accused was directed to be taken into custody forthwith.

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Issues: Whether the grant of bail to the accused was unsustainable for failure to consider the mandatory requirements of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The Court noted that the High Court granted bail without considering the statutory restrictions governing bail under the NDPS Act. Since the bail order did not address Section 37, the order of release could not stand. The Court therefore quashed both the Special Judge's bail order and the High Court's revisional order, and directed that the accused be taken into custody forthwith.

Conclusion: The bail order was set aside for non-consideration of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the accused was ordered to be taken into custody.

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