NDPS bail restrictions under Section 37 bar parity and prolonged custody claims where twin conditions are not met.

In an NDPS prosecution involving commercial quantity, bail on a second application was refused because the statutory bar under Section 37 controlled the matter. The Court noted that bail could be granted only if the twin conditions were satisfied: reasonable grounds to believe the accused was not guilty and that he was not likely to commit an offence while on bail. It held that parity could not be claimed from an earlier bail order that did not properly apply the mandatory Section 37 test, and that prolonged incarceration alone could not override the statutory restriction. The second bail application was rejected.

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Issues: Whether the applicant was entitled to bail in a second bail application on the ground of parity with co-accused and prolonged incarceration, in a case involving commercial quantity of contraband under the NDPS Act.

Analysis: The bail orders relied upon by the applicant were found to have been passed without due consideration of the mandatory restrictions contained in Section 37 of the NDPS Act and without recording reasons on merits. In offences involving commercial quantity, bail can be granted only if the statutory twin conditions are satisfied, namely that there are reasonable grounds for believing that the accused is not guilty and that he is not likely to commit any offence while on bail. The Court held that parity cannot be extended from an order which itself does not reflect a lawful application of the statutory test. It further held that mere long detention does not, by itself, override the bar under Section 37.

Conclusion: The applicant was not entitled to bail on parity or on the ground of prolonged incarceration, and the second bail application was rejected.

Final Conclusion: In a prosecution involving commercial quantity of ganja, the statutory bar under Section 37 of the NDPS Act prevailed, and the applicant failed to establish entitlement to bail.

Ratio Decidendi: In NDPS cases involving commercial quantity, bail cannot be granted unless the twin conditions under Section 37 are satisfied, and parity cannot be claimed from an earlier bail order that was passed without applying the mandatory statutory requirements.

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