NDPS bail bar under section 37 applied where recovery and call records linked the accused to an alleged drug cartel.

Bail in an NDPS prosecution was declined because the recovery and surrounding material attracted the statutory bar under section 37. The Court noted recovery of heroin from the accused, the larger collective recovery from the group, and call detail records indicating connectivity with the alleged drug cartel. On that basis, the twin restrictions under section 37 were treated as applicable, and bail was refused.

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Issues: Whether bail should be granted in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 where the Court found that the recovery and surrounding material attracted the statutory bar under section 37.

Analysis: The petitioner sought bail under section 439 of the Code of Criminal Procedure, 1973 in connection with offences under sections 21 and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court noted the recovery of 200 grams of heroin from the petitioner, but also considered the larger overall recovery of 36.240 kilograms from all accused persons. The Court relied on call detail records and other surrounding material showing connectivity with the alleged drug cartel and held that the restrictions under section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were attracted.

Conclusion: Bail was declined.

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