NDPS bail relief despite commercial quantity allegations, where long custody and no antecedents justified relaxing Section 37

Regular bail was granted in an NDPS matter involving alleged commercial quantity, despite the usual restrictions under Section 37. The Court noted the absence of criminal antecedents, custody of about two and a half years, and that the trial had not commenced although charges had been framed. On those facts, it relaxed the statutory bail conditions and dispensed with Section 37 requirements for release on bail.

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Issues: Whether the petitioner, facing allegations under the Narcotic Drugs and Psychotropic Substances Act, 1985 involving commercial quantity, was entitled to regular bail by dispensing with the requirements of Section 37 of the Act.

Analysis: The allegations involved recovery of commercial quantity, so the restrictions under Section 37 ordinarily applied. However, the Court noted the absence of criminal antecedents, the prolonged custody of about two and a half years, and that the trial had not commenced though charges had been framed. On those considerations, the Court found it appropriate to relax the statutory bail conditions at that stage.

Conclusion: The petitioner was granted regular bail, and the conditions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 were dispensed with for the purpose of release on bail.

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