Strict NDPS bail bar under Section 37 prevails where prima facie material exists and parity is not established.

Section 37 of the NDPS Act imposes a strict bail restriction for serious offences, requiring reasonable grounds to believe the accused is not guilty and is unlikely to reoffend before release. In the noted prosecution, the prosecution material, including Section 67 statements and the circumstances of concealment and transport, was treated as disclosing a prima facie case. The plea of parity with a co-accused failed because the petitioners were not shown to be similarly situated for bail purposes. On that basis, bail was refused and custody was continued pending trial.

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Issues: Whether the petitioners were entitled to bail in a prosecution under the Narcotic Drugs and Psychotropic Substances Act, 1985 in view of the statutory restrictions on bail, the alleged parity with a co-accused, and the material showing prima facie involvement.

Analysis: The alleged seizure involved a very large quantity of Mandrax tablets concealed in leather jackets, and investigation had resulted in a charge-sheet. Under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, release on bail for serious offences is restricted unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty and will not commit any offence while on bail. The Court found that the prosecution material, including the statements recorded under Section 67 of the Act and the circumstances of concealment and transport, disclosed a prima facie case and did not establish that the petitioners had shown reasonable grounds for absence of guilt. The plea of parity with the co-accused was rejected because the Court found the petitioners were not shown to be identically situated for the purpose of bail.

Conclusion: The petitioners were not entitled to bail and the request was rejected.

Final Conclusion: In a prosecution involving a serious NDPS offence, the statutory bail bar under Section 37 prevailed over the plea of parity, and the material on record was sufficient to justify continued custody pending trial.

Ratio Decidendi: Where Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 applies, bail cannot be granted unless the accused establishes reasonable grounds for believing that he is not guilty and is unlikely to reoffend; parity with a co-accused applies only when similarly situated.

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