NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT, 1985 – Section 37 – Commercial Quantity – Grant of Bail – Mandatory satisfaction of twin conditions.
In cases involving commercial quantity of narcotic drugs or psychotropic substances, satisfaction of the twin conditions prescribed under Section 37(1)(b)(ii) is a sine qua non for grant of bail. The Court must record its satisfaction that (i) there are reasonable grounds for believing that the accused is not guilty of the offence, and (ii) he is not likely to commit any offence while on bail. Paras 13, 14, 15, 17.
NDPS Act – Section 37 – Commercial Quantity – Liberal approach in bail matters impermissible.
Where the offence involves commercial quantity, a liberal approach ordinarily applicable to bail jurisprudence cannot be adopted by ignoring the statutory restrictions contained in Section 37. The legislative mandate must be strictly complied with before releasing an accused on bail. Paras 14, 15, 17.
Bail – NDPS Act – Failure to consider twin conditions under Section 37 – Order granting bail liable to be set aside.
An order granting bail in a case involving commercial quantity, without any discussion or satisfaction regarding the twin conditions under Section 37(1)(b)(ii), is legally unsustainable and liable to be set aside. Para 17.
NDPS Act – Commercial Quantity – Meaning of “reasonable grounds”.
The expression “reasonable grounds” occurring in Section 37 contemplates something more than a prima facie case. It requires substantial and probable causes for believing that the accused is not guilty and necessitates existence of facts and circumstances sufficient to justify such satisfaction. Para 14.
Bail – NDPS Act – Criminal antecedents – Relevance.
Where the accused has antecedents involving offences of a similar nature under the NDPS Act, it cannot readily be concluded that he is not likely to commit an offence while on bail. Such antecedents are a relevant consideration while applying the second limb of Section 37(1)(b)(ii). Para 18.
NDPS Act – Commercial Quantity – Bail – Mere completion of investigation or filing of charge-sheet not sufficient.
In offences involving commercial quantity, completion of investigation, filing of charge-sheet, or absence of recovery from the accused by themselves do not dilute the mandatory requirements of Section 37. The statutory conditions continue to govern the exercise of bail jurisdiction. Paras 17, 18.
Article 21 – Personal Liberty – Prolonged incarceration – NDPS offences.
Though prolonged incarceration may in appropriate cases justify grant of bail on constitutional grounds under Article 21, such principle is not of universal application and must be balanced against the restrictions imposed by special statutes and the nature of the offence involved. Paras 19, 20.
NDPS Act – Bail – Incarceration of one year and seven months – Not prolonged incarceration.
Where the accused had undergone custody for only one year and seven months and the offence carried a punishment extending up to twenty years' imprisonment, such custody could not be regarded as prolonged incarceration warranting relaxation of the rigours of Section 37 on Article 21 considerations. Para 19.
Bail Jurisprudence – Special Statutes – Need for uniformity.
The Supreme Court noted that application of the principle of prolonged incarceration in bail matters under special statutes has not been uniform and similarly situated accused persons have received differing outcomes. The issue concerning the intersection of Article 21, prolonged incarceration and statutory restrictions has been referred for authoritative consideration in Tasleem Ahmed v. State Govt. of NCT of Delhi. Paras 20, 21, 22.
NDPS Act – Drug Trafficking – Threat to national interest.
Drug trafficking constitutes a serious threat affecting public health and the national economy. In balancing competing considerations, the interest of society and the nation assumes paramount importance, particularly in offences involving organised drug networks. Para 22.
Ratio Decidendi
In prosecutions under the NDPS Act involving commercial quantity, grant of bail is governed by the stringent restrictions contained in Section 37. Unless the Court records satisfaction that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail, release on bail is impermissible. Failure to consider and record satisfaction regarding these statutory twin conditions renders the bail order unsustainable. Criminal antecedents and the gravity of organised drug trafficking are relevant factors while applying Section 37. Paras 13–18.
Important Legal Principles
- Section 37 creates additional restrictions over ordinary bail principles. Paras 13, 15.
- Recording satisfaction regarding the twin conditions is mandatory. Paras 14, 17.
- “Reasonable grounds” means more than a prima facie view. Para 14.
- Criminal antecedents are relevant while assessing likelihood of reoffending. Para 18.
- One year and seven months' custody is not prolonged incarceration in a case punishable up to twenty years. Para 19.
- Drug trafficking poses a serious threat to society, public health and national interest. Para 22.
Cases Referred
- State of Meghalaya v. Lalrintluanga Sailo – followed and relied upon – Paras 10, 14.
- Union of India v. Ajay Kumar Singh – followed – Paras 10, 15.
- Ashok Dhankad v. State (NCT of Delhi) – referred – Para 12.
- State by Inspector of Police v. B. Ramu – relied upon – Para 15.
- Union of India v. Namdeo Ashruba Nakade – relied upon – Paras 16, 21.
- Collector of Customs v. Ahmadalieva Nodira – referred regarding meaning of “reasonable grounds” – Para 14.
- Rabi Prakash v. State of Odisha – referred – Para 21.
- Ankur Chaudhary v. State of Madhya Pradesh – referred – Para 21.
- Narcotic Control Bureau v. Lakhwinder Singh – referred – Para 21.
- Badsha Sk. v. State of West Bengal – referred – Para 21.
- Tasleem Ahmed v. State Govt. of NCT of Delhi – reference noticed – Para 22.
State of Punjab v. Balraj Singh @ Billa, Criminal Appeal arising out of SLP (Crl.) No.896 of 2026, decided on 02.06.2026 (Sanjay Karol and Nongmeikapam Kotiswar Singh, JJ.).
