NDPS bail granted where Section 67 statements were unsupported and Section 37 rigours were not attracted.

Bail was granted in an NDPS prosecution involving ephedrine, treated as a controlled substance, where the court found the material linking the petitioner to the alleged export transaction insufficient. Apart from statements recorded under Section 67, there was no other evidence connecting him with the offence, and the witnesses relied on did not identify him. The court further noted that the rigours of Section 37 were not attracted on the facts placed before it and that the petitioner had already remained in custody for over a year, leading to release on conditions recorded in the order.

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Issues: Whether the petitioner was entitled to bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, having regard to the nature of the substance alleged, the available evidence, and the applicability of Section 37.

Analysis: The alleged substance was ephedrine, treated as a controlled substance under Section 9A of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the accusation was under Section 25A. The Court noted that apart from statements under Section 67, there was no other evidence connecting the petitioner with the alleged export transaction, and the witnesses referred to were said not to have identified him. The Court also relied on the circumstance that the rigours of Section 37 were not attracted on the facts placed before it and that the petitioner had remained in custody for over a year.

Conclusion: Bail was granted to the petitioner on the conditions recorded in the order.

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