NDPS bail restrictions bar release where recovery is large and Section 67 material shows prima facie involvement.

Regular bail under the NDPS Act was refused where the alleged recovery involved a large quantity of heroin and the petitioner's Section 67 statement was treated as prima facie indicating involvement. The Court applied the restrictive bail conditions under Section 37 and found no reasonable ground to believe that the petitioner was not involved in the offence or that he would not commit an offence while on bail. The plea of juvenility had not yet been determined, but that did not displace the NDPS bail constraints on the material then before the Court. Bail was declined and the petition dismissed.

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Issues: Whether the petitioner was entitled to regular bail in a complaint under the Narcotic Drugs and Psychotropic Substances Act, 1985 in view of the alleged recovery, his statement under Section 67, and the applicability of the bail restrictions under Section 37.

Analysis: The petitioner was alleged to have facilitated the recovery of a large quantity of heroin and his statement under Section 67 was treated as prima facie indicating involvement in the offence. The Court also noted that the plea of juvenility had not yet been determined and that the recovery involved a huge quantity of contraband, attracting the restrictive conditions governing bail under the NDPS Act. On that material, the Court found no reasonable ground to believe that the petitioner was not involved in the offence or that he would not commit an offence while on bail.

Conclusion: Regular bail was declined and the petition was dismissed.

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