Controlled substance recovery and weak psychotropic evidence did not trigger the NDPS bail bar; bail was granted.

Recovery of pseudoephedrine, being a controlled substance, did not attract the statutory bar under Section 37 of the NDPS Act. The alleged Ketamine Hydrochloride recovery also could not justify denial of bail because the prosecution had not established a recovery attributable to the applicant through chemical analysis or other reliable foundational evidence, and invoices alone were insufficient to presume contraband possession. The applicant's prolonged custody, limited trial progress, and parity with co-accused who had obtained bail further supported release. Section 37 was therefore treated as inapplicable on the facts, and bail was granted.

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Issues: Whether the applicant was entitled to regular bail in a case involving recovery of controlled substances and an alleged psychotropic substance, and whether the bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applied.

Analysis: The recovery of Pseudoephedrine, being a controlled substance, did not attract the rigours of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court also held that the allegation relating to Ketamine Hydrochloride could not sustain the applicant's prosecution for the purpose of Section 37, because the prosecution had not established a recovery attributable to the applicant by chemical analysis or other reliable foundational evidence, and invoices alone were insufficient to presume a contraband recovery. The applicant had remained in custody for a substantial period, the trial had not progressed substantially, and the Court took note of the bail granted to co-accused persons, while rejecting the prosecution's objection that parity was unavailable.

Conclusion: Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 was held inapplicable on the facts relevant to the applicant, and bail was granted to the applicant.

Ratio Decidendi: Where the recovery is of a controlled substance, the statutory bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 does not apply; and a psychotropic-substance allegation cannot sustain denial of bail without a proven recovery supported by reliable foundational evidence.

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