NDPS bail granted where recovery was below commercial quantity and licence-based purchase was not shown to be illicit trade.

Bail was granted in an NDPS matter where the recovered material, on the FSL report, was found to be below commercial quantity and the codeine phosphate component was below small quantity, so the rigour of Section 37 was not attracted. The Court noted that the articles had been purchased against a retail invoice on the strength of a licence, with no conclusive material at that stage to show illicit trade. It also considered the length of custody, filing of challan, and bail to a co-accused, applying the principle that bail secures the accused's presence and pre-trial detention should not become punitive.

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Issues: Whether the petitioner was entitled to regular bail in an NDPS case where the recovered substance was shown, on the FSL report, to be below commercial quantity and the recovery was stated to have been made against a retail invoice and licence.

Analysis: The material on record indicated that the petitioner had purchased the articles against a retail invoice on the strength of his licence, and there was nothing at that stage to conclusively show that the purchase was for illicit trade. The FSL report further showed that most of the recovered material did not fall within the prohibited psychotropic substance category and that the quantity attributable to codeine phosphate was below small quantity, with the result that the rigour of Section 37 of the NDPS Act was not attracted. The Court also took note of the length of custody, the filing of challan, the grant of bail to a co-accused, and the settled principles that bail is intended to secure of the accused and that pre-trial detention should not become punitive.

Conclusion: The petitioner was entitled to bail and was ordered to be released on the terms and conditions imposed.

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