NDPS bail despite Section 37 bar granted where documents were verified and investigation remained pending

In an NDPS bail matter, the Gauhati High Court considered the case diary, seizure documents, verified invoices and e-way bills, the pending investigation, and the awaited FSL report. It noted that the seized documents had been found genuine by the competent authority and that continued judicial custody was not warranted for the ongoing investigation, notwithstanding the Section 37 bar. Bail was therefore granted to the accused petitioners on conditions, including cooperation with the investigating officer and compliance with the imposed terms.

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Issues: Whether the accused petitioners were entitled to bail in a case under the Narcotic Drugs and Psychotropic Substances Act, 1985 despite the bar under Section 37 of that Act.

Analysis: The petition was considered in the context of the materials in the case diary, the seizure documents, the verification of the invoices and e-way bills, and the fact that the investigation was still pending. The Court took note that the seized documents had been found genuine by the competent authority and that the F.S.L. report was awaited. On that basis, the Court held that continued detention in judicial custody was not warranted for the purpose of the ongoing investigation, notwithstanding the statutory bar.

Conclusion: Bail was granted to the accused petitioners on conditions, subject to their cooperation with the investigating officer and compliance with the terms imposed.

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