Commercial quantity of codeine syrup and statutory NDPS bail restrictions justified denial of bail.

Recovery of a commercial quantity of phensedyl syrup containing codeine phosphate, supported by the chemical examiner's report, attracted the statutory restrictions on bail under the Narcotic Drugs and Psychotropic Substances Act. On those materials, the court found that the case did not satisfy the requirements for enlargement on bail, and bail was declined.

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Issues: Whether bail should be granted in a case involving recovery of a commercial quantity of a narcotic substance and the statutory restrictions under section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985.

Analysis: The report of the chemical examiner showed the presence of codeine phosphate in the sample. The materials on record also disclosed recovery of 99 bottles of phensedyl syrup containing codeine phosphate, which was above commercial quantity. In view of the statutory restrictions applicable under section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the case did not justify enlargement on bail.

Conclusion: Bail was rightly declined.

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