Defective narcotic sampling and prejudice can relax Section 37 bail rigour in NDPS matters.

Sampling of narcotic packets must be drawn from each package or container separately; mixing contents of multiple packets before sampling was treated as inconsistent with Standing Order No. 1/88 and as a legal defect causing serious prejudice. On that basis, the strict bail restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were held not to govern the request in the same manner, and regular bail was granted.

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Issues: Whether the bail applicant was entitled to regular bail on the ground that the contraband samples were drawn after mixing the contents of multiple packets, contrary to Standing Order No. 1/88, and whether such defect made the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 inapplicable.

Analysis: The sampling procedure adopted was found to be inconsistent with Standing Order No. 1/88, which requires sampling from each package/container and does not permit mixing the contents of separate packets into one container before drawing samples. The order treated the standing order as a requirement of law and held that the defective sampling caused serious prejudice to the applicant. On that basis, the Court held that the strict conditions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 would not govern the request for bail in the same manner.

Conclusion: The applicant was held entitled to regular bail.

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