Commercial quantity NDPS bail requires Section 37 twin conditions; parity with co-accused cannot override the statutory bar.

Bail under Section 439 CrPC was considered in a prosecution involving recovery of about 20 kg of charas, treated as commercial quantity and therefore subject to the restrictive bar in Section 37 of the NDPS Act. In such cases, release is permissible only if the Court is satisfied that there are reasonable grounds to believe the accused is not guilty and will not commit an offence while on bail. Parity with a co-accused was held to be only a relevant factor and not a substitute for satisfaction of the mandatory twin conditions, especially where the earlier bail order did not reflect due consideration of Section 37. Bail was refused.

---

---

Issues: Whether the petitioner, facing charges involving recovery of commercial quantity of charas, was entitled to bail under Section 439 of the Code of Criminal Procedure, 1973 on the ground of parity with co-accused.

Analysis: The recovery was of about 20 kg of charas, which was treated as commercial quantity, thereby attracting the restrictive bar under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. In such cases, bail can be granted only if the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail. The earlier bail order in favour of a co-accused could not by itself govern the present application, particularly when that order did not show due consideration of the statutory restrictions under Section 37. Parity was held to be only one relevant factor and not a substitute for satisfaction of the mandatory twin conditions.

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

Final Conclusion: Bail was refused because the statutory bar applicable to offences involving commercial quantity was not satisfied, and parity with a co-accused could not override the mandatory requirements for release.

Ratio Decidendi: In offences involving commercial quantity under the Narcotic Drugs and Psychotropic Substances Act, 1985, bail cannot be granted unless the mandatory twin conditions in Section 37 are satisfied, and parity with a co-accused is not a sufficient ground to bypass that statutory bar.

---