NDPS bail bar under Section 37 applied where Section 67 statements and call records linked the accused to trafficking.

Section 37 of the NDPS Act imposes a strict bail bar where the court is not satisfied that the accused is not guilty and will not reoffend. The Bombay HC relied on Section 67 statements, audio transcripts and call detail records to find a prima facie link between the applicant and the co-accused in an alleged trafficking chain. It held that absence of recovery from the applicant was insufficient to meet the higher standard under Section 37, and the material did not show reasonable grounds for believing that he was not guilty or unlikely to engage in similar activity. Bail was refused.

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Issues: Whether the applicant was entitled to bail under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 in view of the material collected in the charge-sheet, including statements under Section 67, call detail records, and the alleged role in supply and trafficking of contraband.

Analysis: The material on record showed that the applicant was linked to the co-accused as a supplier in a larger chain of illicit trafficking. The Court relied on the statements recorded under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985, the audio transcripts, and the call detail records to find a prima facie connection between the applicant and the co-accused, apart from the recovery from other persons in the chain. It held that the bar under Section 37 required reasonable grounds to believe that the accused was not guilty, meaning something more than prima facie grounds, and that mere absence of recovery from the applicant was insufficient to satisfy that standard. The Court was not persuaded that the available material showed reasonable grounds for believing that the applicant was not guilty, nor that he would not indulge in similar activity if released.

Conclusion: The applicant was not entitled to bail, and the bail application was rejected.

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