NDPS bail restrictions for commercial quantity require strict compliance with Section 37 twin conditions before release

In NDPS prosecutions involving commercial quantity, bail is subject to the mandatory restrictions in Section 37 of the NDPS Act. The Court stated that bail can be granted only after hearing the Public Prosecutor and recording satisfaction that there are reasonable grounds to believe the accused is not guilty and will not commit an offence while on bail. A bail order resting only on the accused's medical condition, without considering the gravity of the offence and the statutory bar, is unsustainable and liable to be cancelled.

---

---

Issues: Whether the bail granted to the respondent in an NDPS prosecution involving commercial quantity was liable to be cancelled for non-compliance with the statutory restrictions on bail.

Analysis: The respondent was alleged to have procured and transported a large quantity of psychotropic tablets, and the materials relied on included the lorry receipt and the respondent's statement under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court held that the quantity involved was commercial quantity and that the Special Court had failed to apply the mandatory restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. It held that, where an offence punishable with imprisonment of five years or more under the NDPS Act is alleged, bail can be granted only after the Public Prosecutor is heard and the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty and will not commit an offence while on bail. The order granting bail was found to be based only on the respondent's medical condition and without consideration of the gravity of the offence and the statutory bar.

Conclusion: The bail order was unsustainable and was liable to be cancelled.

Final Conclusion: The criminal original petition succeeded, and the bail granted to the respondent was set aside.

Ratio Decidendi: In prosecutions under the NDPS Act involving commercial quantity, bail cannot be sustained unless the court records satisfaction on the twin conditions under Section 37; a bail order passed in disregard of those mandatory safeguards is liable to be cancelled.

---