Anticipatory bail in NDPS matters may be granted where arrest fears are well founded and accusation remains unproven.

Anticipatory bail was found appropriate where the petitioner was not yet arrayed as an accused, had only received notice to appear, and the materials did not establish beyond reasonable doubt that he was manufacturing ketamine or possessing it for sale or export. The Court treated the apprehension of arrest as well founded, noted that the alleged offence was not one exclusively punishable with death or life imprisonment, and considered the grant of bail to a co-accused as a relevant factor. Anticipatory bail was therefore granted subject to conditions.

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Issues: Whether the petitioner was entitled to anticipatory bail on showing a reasonable apprehension of arrest in connection with the alleged offence under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The petition was considered on the basis that the petitioner was not arrayed as an accused, notice had been issued to him for appearance, and the complaint materials had not yet established beyond reasonable doubt that he was manufacturing ketamine or possessing it for sale or export. The Court also noted that the alleged offence was not one exclusively punishable with death or imprisonment for life and that a co-accused had already been granted bail. In these circumstances, the apprehension of arrest was held to be well founded and anticipatory bail was considered appropriate, subject to conditions.

Conclusion: The petitioner was entitled to anticipatory bail.

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