Medical grounds can justify limited bail in NDPS cases despite Section 37 restrictions on bail on merits.

Section 37 of the NDPS Act restricts bail on merits by requiring scrutiny of prima facie guilt, but it does not create an absolute bar on the High Court's power under Section 439 CrPC where bail is sought on extenuating humanitarian grounds. The court recognised that serious medical exigency can justify limited release if custody would impede necessary treatment. On the medical material placed, the accused had a serious heart condition requiring immediate bypass surgery and post-operative care, so continued custody was inappropriate for treatment purposes and limited bail on medical grounds was permissible.

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Issues: Whether bail under Section 439 of the Code of Criminal Procedure, 1973 could be granted on medical grounds in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 despite the restrictions under Section 37 of that Act.

Analysis: Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 imposes stringent restrictions on release on bail where the Court considers the application on merits and the question of prima facie guilt. Those restrictions do not operate as an absolute or total bar on the High Court's power under Section 439 of the Code of Criminal Procedure, 1973 in every case. Where bail is sought on extenuating humanitarian grounds, particularly serious medical exigency, the power to grant bail is not wholly curtailed. On the medical material placed, the petitioner suffered a serious heart ailment requiring immediate bypass surgery and post-operative care, making continued custody inappropriate for the limited purpose of treatment.

Conclusion: Bail on medical grounds was permissible and the petitioner was entitled to limited bail.

Ratio Decidendi: Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 restricts bail on merits, but it does not operate as a blanket ban on the High Court's power to grant bail under Section 439 of the Code of Criminal Procedure, 1973 on humanitarian or medical grounds.

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