In Brief
The State of Kerala challenged the High Court's order granting post-arrest bail to two accused persons charged with serious narcotics offences under the NDPS Act. The accused were found in possession of hashish oil (over commercial quantity). The Supreme Court held that Section 37(1)(b)(ii) of the NDPS Act imposes mandatory twin conditions for granting bail: reasonable grounds that the accused is not guilty and is unlikely to offend while on bail. The High Court had failed to record these findings. The Court reversed the bail order, emphasizing that courts must strictly apply the non-bailable provisions of the NDPS Act without liberal interpretation, and that the grant of bail to other co-accused does not absolve remaining accused from statutory requirements.
The lawyer headnote and full judgment text are available to registered users.