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Issues: Whether bail could be granted to an under the Narcotic Drugs and Psychotropic Substances Act, 1985 in view of the restrictions under Section 37, including on the grounds of parity with a co-accused, filing of charge-sheet, custody period, and alleged absence of ownership or knowledge of the contraband.
Analysis: The application was considered in the context of Section 439 of the Code of Criminal Procedure, 1973 read with Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The statutory scheme was held to impose strict limitations on release on bail for offences under the Act, and the Court emphasized that the Public Prosecutor must be heard and, where opposed, the Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit an offence while on bail. Mere filing of the charge-sheet did not by itself satisfy these requirements. The Court further held that bail granted to a co-accused on medical grounds did not create an automatic right to similar relief, and the present accused had not made out comparable special grounds under the proviso to Section 437 of the Code of Criminal Procedure, 1973.
Conclusion: Bail was refused because the statutory twin conditions for release under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were not satisfied and no special ground was made out.
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