Controlled substance under NDPS Act: Section 37 bar inapplicable, and foreign nationality alone cannot defeat bail.

Controlled substance allegations under the NDPS Act did not attract the rigours of Section 37 because pseudoephedrine is treated as a controlled substance, not a narcotic drug or psychotropic substance, and the concept of commercial quantity does not apply to controlled substances. The additional recovery of 15 grams of cocaine was also not a commercial quantity. On that basis, the statutory bar on bail was held inapplicable, and foreign nationality alone was not enough to deny release where the circumstances otherwise justified bail.

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Issues: Whether the petitioner was entitled to regular bail in a case involving recovery of a controlled substance and a small quantity of cocaine, and whether the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applied.

Analysis: The prosecution allegations related primarily to pseudoephedrine, which was treated as a controlled substance under the NDPS regime and not as a narcotic drug or psychotropic substance. The Court noted that the concept of commercial quantity applies to narcotic drugs and psychotropic substances, not to controlled substances, and that the offence alleged under Sections 9A and 25A of the NDPS Act was not one attracting punishment of death or imprisonment for life. The additional recovery of 15 grams of cocaine was also not a commercial quantity. The Court further held that foreign nationality by itself does not preclude grant of bail where the facts otherwise justify release.

Conclusion: Section 37 of the NDPS Act was not attracted, and the petitioner was entitled to bail.

Ratio Decidendi: Where the alleged contraband is a controlled substance and the recoveries do not involve a commercial quantity, the statutory bar under Section 37 of the NDPS Act does not apply, and foreign nationality alone cannot defeat bail if the circumstances otherwise warrant release.

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