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Section 37 of the NDPS Act imposes cumulative conditions for bail in commercial-quantity offences: after the Public Prosecutor has an opportunity to oppose, the court must record reasonable grounds that the accused is not guilty and is unlikely to commit an offence while on bail. General bail considerations and Article 21 concerns, including prolonged custody and trial delay, remain relevant but do not replace this statutory inquiry. Non-recovery, procedural objections, or exclusion of inadmissible statements cannot alone satisfy either condition; the available record requires broad assessment. For foreign nationals in commercial-quantity matters, verified sureties, passport deposit and other enforceable safeguards may be required, while technological tracking must remain proportionate.
Section 37 of the NDPS Act imposes cumulative conditions for bail in commercial-quantity offences: after the Public Prosecutor has an opportunity to oppose, the court must record reasonable grounds that the accused is not guilty and is unlikely to commit an offence while on bail. General bail considerations and Article 21 concerns, including prolonged custody and trial delay, remain relevant but do not replace this statutory inquiry. Non-recovery, procedural objections, or exclusion of inadmissible statements cannot alone satisfy either condition; the available record requires broad assessment. For foreign nationals in commercial-quantity matters, verified sureties, passport deposit and other enforceable safeguards may be required, while technological tracking must remain proportionate.
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