NDPS bail below commercial quantity may be granted on ordinary principles where serious medical grounds and safeguards exist.

Bail in an NDPS prosecution involving 100 grams of heroin, below commercial quantity, was assessed on ordinary bail principles because Section 37's stricter rigour did not apply in full. Criminal antecedents were treated as relevant but not decisive, and the petitioner's serious diabetic condition and leg swelling were treated as significant medical circumstances. To reduce any risk to the investigation, witnesses, and trial appearance, the Court noted that stringent conditions could be imposed. Bail was granted on medical grounds and because the alleged recovery was below commercial quantity, subject to strict safeguards.

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Issues: Whether bail should be granted in a prosecution under the Narcotic Drugs and Psychotropic Substances Act where the recovered quantity was below commercial quantity, the petitioner had criminal antecedents, and medical grounds were pleaded.

Analysis: The alleged recovery was 100 grams of heroin, which was treated as less than commercial quantity. In such a situation, the statutory rigour of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not apply with full force, and bail is to be considered on ordinary principles. The Court also noticed that criminal history, though relevant, must be assessed with care, and that the petitioner's serious diabetic condition and swelling in the leg constituted a significant medical circumstance. To address the risk of misuse of liberty, the Court relied on the ability to impose strict conditions safeguarding investigation, witnesses, and appearance at trial.

Conclusion: Bail was granted to the petitioner on medical grounds and because the case involved quantity below commercial quantity, with stringent conditions imposed.

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