NDPS bail in commercial quantity cases requires satisfaction of section 37 rigours before release

In an NDPS prosecution involving alleged attempted export of commercial quantity Ketamine, the Court found a prima facie coordinated trafficking operation, supported by recovery of Ephedrine Hydrochloride and Pseudoephedrine Hydrochloride from linked premises, landlord testimony, emails and shipping documents connecting the applicant to the consignment. The applicant's section 67 statement was treated as available at the bail stage despite retraction. As the record did not rebut the prosecution case sufficiently to meet the rigours of section 37, the Court held that the statutory bail conditions were not satisfied and bail was refused.

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Issues: Whether the applicant was entitled to bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 despite allegations of attempted export of a commercial quantity of Ketamine, recovery of controlled substances from linked premises, and statements recorded under section 67 of the Act.

Analysis: The material on record showed a prima facie case of a coordinated drug trafficking operation involving export of Ketamine in commercial quantity and recovery of Ephedrine Hydrochloride and Pseudoephedrine Hydrochloride from premises connected with the applicant. The Court noted that the landlord's testimony supported the prosecution version regarding the Mundka godown and the applicant's link to the premises, while the emails and shipping documents were also relied upon to connect the applicant with the export consignment. The applicant's statement under section 67 of the Act was treated as available for consideration at the bail stage notwithstanding retraction, and the Court found that the record did not displace the prosecution's case sufficiently to satisfy the rigours of section 37 of the Act.

Conclusion: The applicant was not entitled to bail and the application was dismissed.

Ratio Decidendi: In prosecutions under the NDPS Act involving commercial quantity, bail cannot be granted unless the court is satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail; a prima facie showing of involvement and linkage to recovered contraband is sufficient to refuse bail.

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