NDPS bail restrictions bar release where commercial quantity MDMA links the accused to the seized parcel.

Regular bail under the NDPS Act was refused where the parcel was addressed in the petitioner's name, carried his phone number, and the seizure with the FSL report showed 493.5 grams of MDMA treated as commercial quantity. Applying the rigour of Section 37(1)(b)(ii), the Court noted that bail could not be granted merely because co-accused had already been released, particularly when the alleged offence had wider societal impact and the investigation remained pending. On those materials, the petitioner was found not entitled to bail and the request was rejected.

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Issues: Whether the petitioner was entitled to regular bail in a case involving seizure of MDMA, having regard to the statutory restrictions under the NDPS Act and the material linking the petitioner to the parcel.

Analysis: The petition was for regular bail under Section 439 of the Code of Criminal Procedure, 1973 in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985. The material on record showed that the parcel was addressed in the petitioner's name and bore his phone number, and the seizure, supported by the FSL report, revealed 493.5 grams of MDMA, which was treated as commercial quantity. In view of the rigour of Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985, the Court held that bail could not be granted merely because co-accused had been enlarged on bail. The alleged offence was treated as one affecting society at large, and the investigation was still pending.

Conclusion: The petitioner was not entitled to bail and the request was rejected.

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