NDPS bail bar applied where Tramadol export lacked authorisation and reasonable grounds supported involvement in the offence.

In an NDPS bail matter, the Court held that Tramadol and Clonazepam recovered from a parcel and the petitioner's shop could be assessed as the offending substance as a whole, and component-wise isolation of neutral ingredients was not acceptable. Domestic drug licences and commercial registrations did not authorise export of psychotropic substances, and the Tramadol notification reinforced the need for proper permission. On that material, the Court found reasonable grounds to believe the petitioner was involved in offences under the NDPS Act, so the Section 37 bail bar applied and bail was refused.

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Issues: Whether, in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985, the petitioner was entitled to bail in view of the seizure of Tramadol and Clonazepam, the absence of valid authorisation for export, and the bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The seized material included Tramadol recovered from a parcel intended for export and from the petitioner's shop, along with Clonazepam recovered from the shop. The Court treated the quantity of the offending substance by considering the substance as a whole and not by isolating the neutral ingredient, and held that the argument based on separate component-wise weighing was untenable. The petitioner's domestic drug licence and commercial registrations did not amount to authorisation for exporting psychotropic substances, and the notification making Tramadol a psychotropic substance with specified commercial quantity reinforced the requirement of proper permission. On the material available, the Court found reasonable grounds to believe that the petitioner had committed offences under the NDPS Act, thereby attracting the statutory rigour of Section 37.

Conclusion: Bail was refused, as the petitioner did not satisfy the statutory conditions for release under the NDPS regime.

Final Conclusion: The petition for bail failed because the Court found the NDPS embargo on bail to be applicable on the facts and material then before it.

Ratio Decidendi: In an NDPS bail matter, where the seized substance and surrounding material disclose reasonable grounds to believe the accused is involved in the offence, and the twin conditions under Section 37 are not satisfied, bail must be declined.

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