Diazepam is a psychotropic substance; bail under NDPS Act requires strict satisfaction of Section 37 twin conditions.

Diazepam tablets fall within the NDPS Act definition of psychotropic substance because Diazepam is expressly listed in the Schedule by its non-proprietary and chemical name. In bail matters under the Act, the statutory twin conditions must be cumulatively satisfied: the Public Prosecutor must be heard and the court must have reasonable grounds to believe the accused is not guilty and is unlikely to offend while on bail. Reasonable grounds require more than a prima facie view and must rest on substantial probable cause. On the material, those conditions were not met, so the bail order was set aside and custody was directed.

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Issues: (i) Whether Diazepam tablets fell within the definition of psychotropic substance under the NDPS Act. (ii) Whether the grant of bail was sustainable in view of the restrictions under Section 37 of the NDPS Act.

Issue (i): Whether Diazepam tablets fell within the definition of psychotropic substance under the NDPS Act.

Analysis: The statutory definition of psychotropic substance includes substances specified in the Schedule. Diazepam is expressly included in Serial No. 43 of the Schedule, identified by its international non-proprietary name and chemical name. The confessional statement recorded under Section 67 of the Act and the laboratory material were relevant circumstances supporting the seizure and its statutory character.

Conclusion: Diazepam tablets are psychotropic substance under the NDPS Act.

Issue (ii): Whether the grant of bail was sustainable in view of the restrictions under Section 37 of the NDPS Act.

Analysis: Section 37 imposes cumulative limitations on bail in offences punishable with imprisonment of five years or more. Bail can be granted only if the Public Prosecutor is heard and 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 expression reasonable grounds requires more than prima facie satisfaction and must rest on substantial probable cause. On the material available, the court found that such satisfaction could not be recorded and that the High Court had overlooked the statutory embargo and the relevant material.

Conclusion: The grant of bail was unsustainable and the bail order was liable to be set aside.

Final Conclusion: The appeal succeeded, the bail order was cancelled, and the accused was directed to surrender to custody forthwith.

Ratio Decidendi: In prosecutions under the NDPS Act, bail cannot be granted unless the statutory twin conditions in Section 37 are cumulatively satisfied on reasonable grounds showing more than a prima facie case.

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