Section 37 NDPS bail control limits parity and delay arguments in commercial quantity ganja cases

For offences involving commercial quantity ganja under the NDPS Act, bail remains subject to Section 37, which requires reasonable grounds to believe the accused is not guilty and will not reoffend while on bail after hearing the Public Prosecutor. The standard is higher than a prima facie view and must rest on credible material. Parity with co-accused did not create an independent entitlement where earlier bail orders had not applied Section 37, and delay in trial or custody for a few years was insufficient to override the statutory embargo. Bail was refused.

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Issues: Whether bail should be granted to an accused in a case involving commercial quantity of ganja under the Narcotic Drugs and Psychotropic Substances Act, 1985, despite the statutory embargo under Section 37, on the grounds of parity, absence of recovery from personal search, and delay in trial.

Analysis: The allegation was of transportation of commercial quantity of contraband in a vehicle, with the petitioner apprehended as one of the occupants. For offences involving commercial quantity, the power to grant bail is controlled by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, which requires the Court, after hearing the Public Prosecutor, to be satisfied that there are reasonable grounds for believing that the accused is not guilty and will not commit an offence while on bail. The standard of reasonable grounds is more than a prima facie assessment and must rest on credible and plausible material. The grant of bail to co-accused did not by itself create a right to parity, particularly where those orders did not apply the mandatory requirements of Section 37. The claim of speedy trial and custody for a few years was also insufficient, by itself, to override the statutory embargo in a commercial quantity case.

Conclusion: The statutory conditions for bail were not satisfied and bail was refused.

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