Summary
An NDPS bail order was set aside for failure to consider the special statutory conditions alleged to apply to a commercial-quantity case. Applicability and all other contentions were left to the High Court on remand. Because charges remained unframed, the Court directed interim bail for the first respondent pending that decision.
Issues
- Whether the High Court could grant bail without addressing the Section 37 conditions.
Provisions considered
- Section 37, Narcotic Drugs and Psychotropic Substances Act, 1985For the enumerated offences, opposed bail requires reasonable grounds of non-guilt and that the accused is not likely to offend while on bail, in addition to ordinary bail requirements. (¶ 5–8)
Held
- The High Court relied on custody duration, completion of investigation and seizure, without considering the mandatory special conditions. The accusation concerned commercial quantity, but the respondents’ objection to Section 37 applicability was for fresh High Court consideration. (¶¶ 4, 6–9)
- All available contentions remained open on remand. Interim bail was directed only for the first respondent until disposal, in view of the unframed charges; the second respondent was reported absconding. (¶¶ 3, 9–10)
Result
Appeal disposed of; bail order set aside and matter remitted for fresh High Court decision within six months of receipt. First respondent directed to receive interim bail pending that decision.