NDPS ACT – Section 37 – Bail – Commercial quantity – Mandatory twin conditions In cases involving commercial quantity, grant of bail subject to mandatory twin conditions: (i) reasonable grounds to believe accused not guilty (ii) not likely to commit offence while on bail Recording of such satisfaction is sine qua non and jurisdictional requirement Non-compliance vitiates bail order (Paras 9, 10)

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NDPS ACT – Section 37 – Bail – Commercial quantity – Mandatory twin conditions

• In cases involving commercial quantity, grant of bail subject to mandatory twin conditions:
  (i) reasonable grounds to believe accused not guilty
  (ii) not likely to commit offence while on bail
• Recording of such satisfaction is sine qua non and jurisdictional requirement
• Non-compliance vitiates bail order
  (Paras 9, 10)

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CRIMINAL PROCEDURE – Bail – NDPS cases – Speedy trial vs statutory bar

• Right to speedy trial under Article 21 cannot override statutory mandate of Section 37 NDPS Act
• Both to be read harmoniously
• Delay alone not ground to dilute rigours of Section 37
  (Para 10)

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CRIMINAL LAW – Bail – Failure to record statutory satisfaction

• Bail granted without recording twin conditions under Section 37 is legally unsustainable
• High Court erred in diluting statutory mandate
  (Paras 9, 10)

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CRIMINAL PROCEDURE – Successive bail applications

• Court must:
  • refer to earlier bail application
  • record change in circumstances
• Failure to consider prior dismissal renders order flawed
  (Para 12)

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CRIMINAL LAW – Bail – Duty of candour

• Applicant must disclose full and correct facts
• Incomplete or misleading disclosure (e.g., prior bail proceedings) disentitles discretionary relief
  (Para 13)

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CRIMINAL LAW – Bail – Consideration of antecedents

• Bail cannot be granted on incorrect factual premise (e.g., “no prior case” when admitted otherwise)
• Misreading of record vitiates order
  (Para 11)

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NDPS ACT – Bail – Judicial caution

• Courts must exercise heightened caution in NDPS cases, especially involving commercial quantity
• Drug menace a relevant consideration
  (Para 6)

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CRIMINAL LAW – Bail – Consideration of merits

• Supreme Court refrains from examining merits where bail order set aside for procedural illegality
• Liberty to apply afresh preserved
  (Para 14)

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FINAL DISPOSITION

• Bail order set aside
• Accused directed to surrender
• Liberty granted to seek fresh bail
  (Paras 15, 16)