Controlled substance bail under NDPS Act: Section 37 not attracted, with long custody and trial stage supporting release.

For offences confined to controlled substances under the NDPS Act, the rigour of Section 37 did not apply where recovery was of pseudoephedrine hydrochloride treated as a controlled substance under Section 2(viid), not as a narcotic drug or psychotropic substance. The Court noted that the concepts of small quantity and commercial quantity were inapplicable on these facts, and it also considered the petitioner's long custody and the stage of trial. Foreign nationality alone was held insufficient to deny bail where release was otherwise warranted. Bail was granted on furnishing bail and surety bonds, subject to conditions.

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Issues: Whether the statutory bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applied to a prosecution involving recovery of a controlled substance and whether bail was liable to be granted.

Analysis: The allegation was confined to offences under Sections 9A and 25A of the Narcotic Drugs and Psychotropic Substances Act, 1985, arising from recovery of pseudoephedrine hydrochloride. The substance was treated as a controlled substance within the meaning of Section 2(viid) of the Narcotic Drugs and Psychotropic Substances Act, 1985, and not as a narcotic drug or psychotropic substance. On that basis, the Court held that the concept of small quantity or commercial quantity did not govern such a case and that the rigour of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was not attracted. The Court further relied on the principle that foreign nationality by itself does not justify denial of bail where the case otherwise warrants release, and considered the long custody of the petitioner and the stage of trial.

Conclusion: The petitioner was entitled to bail and was directed to be released on furnishing bail and surety bonds, subject to conditions.

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