NDPS commercial quantity bail bar applies unless twin statutory conditions are met; bail was refused on the record.

In prosecutions involving commercial quantity under the NDPS Act, bail is barred unless the court is satisfied that there are reasonable grounds to believe the accused is not guilty and that he is not likely to commit an offence while on bail. On the record, recovery of pseudoephedrine, the petitioner's section 67 statement, and material indicating coordination among the accused did not satisfy those twin conditions. The special statutory restriction therefore prevailed over ordinary bail principles, and bail was refused.

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Issues: Whether the petitioner was entitled to bail in a prosecution involving commercial quantity of contraband under the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The application was considered in the light of the statutory restriction on bail applicable to offences involving commercial quantity. The record indicated recovery of 24.5 kg of pseudoephedrine, the petitioner's statement under section 67, and material suggesting coordination among the accused persons. On these facts, the Court found no reasonable grounds to believe that the petitioner was not guilty of the offence, and also found that it could not be said that he would not commit an offence while on bail. The settled bail principles were held to yield to the special statutory bar where the twin conditions are not satisfied.

Conclusion: Bail was not justified and the petition was rejected.

Ratio Decidendi: In prosecutions involving commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985, bail cannot be granted unless the court is satisfied that there are reasonable grounds to believe the accused is not guilty and that he is not likely to commit an offence while on bail.

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