Strict NDPS bail embargo applied as anticipatory bail was refused for alleged diversion, non-cooperation, and lack of reasonable grounds.

Anticipatory bail under the NDPS Act was refused because the alleged recovery and diversion of psychotropic and controlled substances attracted the stringent Section 37 bail embargo. On the material before it, the Court found that, if proved, the allegations could establish involvement and that reasonable grounds for believing the petitioner was not guilty were not made out. The petitioner's repeated failure to join investigation despite summons and interim protection, withdrawal of earlier bail proceedings, and execution of coercive process were treated as conduct disentitling him to discretionary relief. Parity with co-accused was rejected because their position was treated differently under the statutory embargo.

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Issues: Whether anticipatory bail should be granted in view of the allegations under the Narcotic Drugs and Psychotropic Substances Act, 1985, the applicability of the statutory embargo on bail, and the petitioner's conduct in not joining investigation.

Analysis: The allegations involved recovery and alleged diversion of psychotropic and controlled substances, attracting the strict bail regime under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. On the material placed before it, the Court found that the allegations, if proved, could establish the petitioner's involvement, and at that stage it could not be said that there were reasonable grounds for believing that he was not guilty. The Court also took note of the petitioner's repeated failure to join investigation despite summons and interim protection, his withdrawal of earlier bail proceedings, and the execution of coercive process, holding that his conduct disentitled him to discretionary relief. Parity with co-accused was rejected because the prosecution case treated their situation differently in relation to the statutory embargo.

Conclusion: Anticipatory bail was refused, and the application was dismissed.

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