In Brief
In this case, the Supreme Court addressed the proper application of bail law in drug trafficking cases under the NDPS Act. The appellant sought anticipatory bail in an NDPS case, which the High Court rejected. The High Court had, however, granted anticipatory bail to two co-accused without applying the mandatory statutory restrictions of Section 37 NDPS Act. The Court held that Section 37 NDPS Act's stringent conditions must always apply to drug offences and cannot be overlooked. Further, the Court clarified that anticipatory bail protection does not automatically entitle an accused to regular bail; the trial court must independently consider each regular bail application on its merits. The orders granting anticipatory bail and regular bail to the co-accused were set aside, and all three accused were directed to surrender and reapply for bail.
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