NDPS bail restriction applies where the offence is grave and contraband quantity is high, leading to refusal of release.

Under the NDPS Act, bail was refused because the Court treated the offence as grave and the seized contraband as high in quantity, attracting the statutory restriction on bail under Section 37. The Court held that this bar prevented enlargement on bail on the facts presented. The request to seek expert opinion by sending the contraband for forensic analysis remained only a limited course before the Trial Court and did not affect the bail result.

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Issues: Whether bail should be granted in a prosecution under the NDPS Act when the Court finds the offence serious and the quantity of contraband high.

Analysis: The petition arose from allegations under the NDPS Act and the Court noted the gravity of the offence and the high quantity of the seized contraband. On that basis, the Court applied the statutory restriction on grant of bail under Section 37 of the NDPS Act and declined to enlarge the petitioner on bail. The liberty reserved to seek expert opinion by sending the seized contraband for forensic analysis was only an ancillary course open before the Trial Court and did not alter the bail conclusion.

Conclusion: Bail was refused.

Final Conclusion: The petition failed on the question of interim release, while leaving open the limited course of forensic examination before the Trial Court.

Ratio Decidendi: Where the NDPS Act imposes a statutory bar and the Court finds the offence grave with a high quantity of contraband, bail is not to be granted.

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