Small quantity recovery under NDPS Act can make section 37 bail bar inapplicable on a prima facie view.

A bail request under the NDPS Act was considered in relation to a recovery of 10 grams of charas, treated as a small quantity. On a prima facie assessment, the alleged role was that of a purchaser of one packet and no commercial quantity was involved, so the statutory bar under section 37 was treated as inapplicable and bail was available. Disputed matters such as section 50 compliance, the evidentiary value of the section 67 statement, and issues concerning chats and sample procedure were left for trial rather than decided at the bail stage.

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Issues: Whether the petitioner was entitled to bail in respect of a recovery falling within the category of small quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985, and whether the statutory bar on bail applied.

Analysis: The recovery attributed to the petitioner was assessed as 10 grams of charas, which fell within the small quantity category. On the face of the record, the petitioner's role was treated as that of a purchaser of one packet of contraband, and the recovery was not of commercial quantity. In such circumstances, the statutory restriction on grant of bail under section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was held inapplicable. The Court also noted that other disputed aspects, including compliance with section 50, the effect of the statement under section 67, and the material relating to chats and sample procedure, were matters for trial and were not at the bail stage.

Conclusion: Bail was held to be available to the petitioner, and the application was allowed.

Ratio Decidendi: Where the alleged recovery from an is of small quantity and no commercial quantity is involved, the bar under section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not apply, and bail may be granted on a prima facie assessment.

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