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Issues: Whether the restrictions in Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 bar grant of interim bail, and if not, in what circumstances interim bail may be granted.
Analysis: Section 37 imposes stringent negative conditions for grant of regular bail in offences involving the NDPS Act, and those conditions ordinarily control the exercise of discretion. The distinction between regular bail and interim bail was recognised, with interim bail being a temporary release for a fixed and minimal period. The Court also noted that the right to personal liberty under Article 21 requires a fair and reasonable approach, and that exceptional relief may be justified in compelling situations even in serious offences. The statutory restrictions were held to remain relevant, but not to exclude the Court's power to grant short-duration relief where extraordinary circumstances so require.
Conclusion: Interim bail can be granted in NDPS cases in exceptional and extraordinary circumstances, but only sparingly, for the minimum necessary period, and after keeping the strict requirements of Section 37 in view.
Ratio Decidendi: The expression "bail" in Section 37 of the NDPS Act does not exclude interim bail altogether; the Court may grant interim bail in exceptional cases where compelling circumstances justify temporary release, subject to the statutory restrictions and for the shortest necessary duration.
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