NDPS bail restrictions require strict Section 37 satisfaction before release in commercial quantity cases; order set aside.

Section 37 of the NDPS Act imposes strict bail conditions in cases involving commercial quantity. Where the Public Prosecutor opposes bail, the court must record satisfaction that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. The bail order under challenge did not show consideration of these mandatory requirements, so it was held unsustainable and set aside. The matter was remitted to the High Court for fresh consideration in accordance with law.

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Issues: Whether bail could be granted in a case involving commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985 without recording satisfaction on the mandatory conditions under Section 37 of that Act.

Analysis: Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 imposes special restrictions on bail in cases covered by the provision, including offences involving commercial quantity. Where the Public Prosecutor opposes bail, the court must, before granting release, be satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail. The bail order under challenge did not reflect consideration of these mandatory requirements.

Conclusion: The bail order was unsustainable and had to be set aside. The matter was remitted to the High Court for fresh consideration in accordance with law.

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