In Brief
In this criminal appeal concerning narcotic drug offences, the Supreme Court examined the proper application of Section 37 of the NDPS Act, 1985 to bail proceedings. The High Court had denied anticipatory bail to Satpal Singh but granted it to his co-accused without considering statutory restrictions on bail for offences involving commercial quantities of contraband. The Court held that Section 37 of the NDPS Act imposes mandatory requirements overriding ordinary bail provisions, requiring prosecution notice and judicial satisfaction of innocence and non-dangerousness. The Court clarified that anticipatory bail does not automatically entitle an accused to regular bail; each application must be independently assessed on merits. It also condemned the casual approach of the trial court granting regular bail based on an interim order in pending anticipatory bail proceedings, and directed strict adherence to statutory bail restrictions in NDPS cases.
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