NDPS bail under Section 37: Court allowed release after considering charge-sheet filing, custodial need, and flight-risk safeguards.

Section 439 CrPC bail in an NDPS prosecution involving commercial quantity was considered subject to the Section 37 embargo, requiring reasonable grounds to believe the accused was not guilty and would not reoffend on bail. The Court noted the seizure of Ketamine, the petitioner's alleged role as a carrier, the filing of the charge-sheet, the absence of any other case against the petitioner, and the lack of demonstrated custodial necessity. Flight risk was treated as manageable through passport-related safeguards. Bail was granted on furnishing surety and a bail bond to the satisfaction of the trial Court.

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Issues: Whether the petitioner was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 in a prosecution involving commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985 despite the statutory restrictions under Section 37 of that Act.

Analysis: The petition arose from seizure of 26.75 kgs of Ketamine and the petitioner's alleged role as a carrier. The statutory embargo under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 required the Court to consider whether there were reasonable grounds for believing that the accused was not guilty and was not likely to commit an offence while on bail. The Court noted that the charge-sheet had already been filed, the petitioner was not shown to be involved in any other case, and the prosecution did not demonstrate any continued custodial necessity. The apprehension of flight risk was treated as capable of being addressed through passport-related safeguards.

Conclusion: Bail was granted, and the petitioner was directed to be released on furnishing surety and bail bond to the satisfaction of the trial Court.

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