NDPS bail and Section 37 rigour were relaxed where investigation was complete and conscious possession remained a debatable issue.

Bail was granted in an NDPS prosecution because the charge-sheet had been filed, investigation was complete, charges were yet to be framed, and the accused had remained in custody for more than one year and eleven months. The court treated conscious possession of the contraband as a debatable factual issue for trial and held that, at that stage, the twin conditions under Section 37 did not warrant continued denial of bail. Bail was therefore ordered subject to furnishing bail bonds and compliance with imposed conditions.

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Issues: Whether the appellant, in the facts of the case, was entitled to bail and whether the rigour of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 required continued denial of bail.

Analysis: The charge-sheet had been filed, the investigation was complete, charges were yet to be framed, and the appellant had remained in custody for more than one year and eleven months. The question whether the appellant was in conscious possession of the contraband was treated as a debatable factual issue to be determined by the trial court at the appropriate stage. In these circumstances, the twin conditions under Section 37 were considered not to warrant application against the appellant at that stage.

Conclusion: The appellant was granted bail, subject to furnishing bail bonds and complying with the conditions imposed.

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