NDPS bail and Section 37 restrictions: limited role, no prior history, and co-accused parity supported release.

Bail was granted in a case involving recovery of a commercial quantity of charas after the Court considered the Section 37 NDPS restrictions and the material against the applicant. The applicant had remained in custody for nearly two years, had no prior criminal history, and was described as a helper on the vehicle with a limited role. Without entering into the merits, the Court noted the rival contentions on the Section 67 statement and found that the twin requirements under Section 37 appeared to be satisfied, also taking into account that bail had been granted to a co-accused. The applicant was therefore entitled to bail.

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Issues: Whether the applicant was entitled to bail in a case involving recovery of a commercial quantity of charas, having regard to the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 and the material relied upon against him.

Analysis: The applicant had been in custody for nearly two years, had no previous criminal history, and was shown to be only a helper on the vehicle. The Court noted the rival contentions on the effect of the statement under Section 67 and the stringent bar under Section 37(1)(b)(ii), but found that the material placed before it, without entering into the merits, indicated that the twin requirements under Section 37 appeared to be satisfied. The Court also took note of the bail granted to a co-accused and the limited role attributed to the applicant.

Conclusion: The applicant was held entitled to bail.

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