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Issues: Whether regular bail should be granted in an NDPS case involving commercial quantity of narcotics, having regard to the statutory bar under Section 37 and the material relied upon by the prosecution, including disclosure statements and electronic evidence.
Analysis: The quantity recovered brought the case within the rigour of the special bail regime under Section 37 of the NDPS Act. Bail could be granted only if the Court found reasonable grounds for believing that the was not guilty and was not likely to commit any offence while on bail. The material collected showed alleged involvement in a drug syndicate, recoveries of heroin and cocaine at different locations, and electronic material from the petitioner's phone connecting him with the co-accused and the contraband. The discrepancy pointed out in the seal movement register was held insufficient, at the bail stage, to dislodge the prosecution case or to create reasonable grounds for innocence.
Conclusion: Bail was refused because the twin conditions for release under Section 37 were not satisfied.