NDPS bail can be granted without contraband recovery where secret information alone fails to link the accused to the seizure.

Bail under the NDPS Act may be granted where no contraband is recovered from the accused and the only alleged link to the recovery from a co-accused is secret information that does not establish a prima facie connection. On those facts, Section 37 does not automatically bar release if reasonable grounds exist to believe the accused is not guilty. The absence of criminal antecedents also supported bail.

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Issues: Whether the petitioner was entitled to bail under the NDPS Act where no contraband was recovered from him and the recovery was from a co-accused, and whether Section 37 of the NDPS Act barred bail in the facts of the case.

Analysis: The petitioner had not been found in possession of any contraband, and the only material linking him to the recovery from the co-accused was the alleged secret information. The Court treated that secret information as insufficient, by itself, to establish a prima facie link between the petitioner and the recovered smack. In the absence of any other evidence connecting the petitioner with the recovery, the statutory bar under Section 37 was not enough to defeat bail, because reasonable grounds existed for believing that the petitioner was not guilty of the offence. The absence of criminal antecedents also supported release on bail.

Conclusion: The petitioner was entitled to bail.

Ratio Decidendi: Where no contraband is recovered from the accused and the only alleged linkage is inadmissible or insufficient secret information, the accused cannot be prima facie connected to the recovery so as to attract the bail bar under Section 37 of the NDPS Act.

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