Section 37 of the NDPS Act, 1985 imposes special conditions for granting bail in cases involving commercial quantity of drugs. Unlike ordinary criminal cases, the court must be satisfied of two conditions before granting bail.
Twin Conditions
First, the court must have reasonable grounds to believe that the accused is not guilty of the offence. Second, the court must be satisfied that the accused is not likely to commit any offence while on bail.
Interpretation by Courts
The Supreme Court and High Courts have held that "reasonable grounds" means something more than prima facie grounds. The accused must demonstrate that the prosecution case is improbable or that there are serious procedural lapses.
Procedural Lapses
Non-compliance with Sections 42, 43, 50, 52, 52A, and 57 of the NDPS Act can form the basis for bail. Defective search, improper sampling, delay in FSL analysis, and lack of conscious possession are common grounds.
This content is for informational purposes only. For case-specific advice, consult an advocate.