NDPS bail restrictions: failure to apply Section 37 safeguards made the bail order unsustainable and cancellable.

Bail under the NDPS Act is subject to the stringent restrictions in Section 37, requiring an opportunity for the Public Prosecutor to oppose and judicial satisfaction that there are reasonable grounds to believe the accused is not guilty and will not reoffend while on bail. Where contraband is concealed, the accused makes a statement admitting possession and intended export, and the offence carries rigorous punishment, the court must consider the statutory conditions, prima facie material, seriousness of the offence, and risks of absconding or reoffending. A bail order based only on short detention, without addressing these requirements, is unsustainable and liable to cancellation.

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Issues: Whether bail granted to the respondent for an offence under the Narcotic Drugs and Psychotropic Substances Act, 1985 was liable to be cancelled for non-compliance with the statutory restrictions governing grant of bail and for improper exercise of judicial discretion.

Analysis: The respondent was found in possession of concealed contraband and had made a voluntary statement admitting possession and intended export. The offence was serious and punishable with rigorous imprisonment and fine, attracting the stringent limitations under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. Bail in such cases could be granted only after the Public Prosecutor had an opportunity to oppose and the court was satisfied that there were reasonable grounds for believing that the accused was not guilty and was not likely to commit any offence while on bail. The grant of bail below was based only on detention for over a month and did not address the statutory conditions, the prima facie material, the seriousness of the offence, or the risk of absconding and reoffending.

Conclusion: The bail order was unsustainable and cancellation was warranted.

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