In Brief
The Supreme Court set aside a High Court bail order in an NDPS case where the accused were charged under Sections 22/23 of the Narcotic Drugs and Psychotropic Substances Act, 1985 for offences involving commercial quantity. The High Court had released them on bail citing prolonged custody (203 days) and completion of investigation. The Court held that Section 37 of the NDPS Act prescribes special mandatory conditions for bail in such cases—when the Public Prosecutor opposes, the court must satisfy itself that there are reasonable grounds for believing the person is not guilty and is unlikely to commit offences while on bail. Since the High Court failed to consider these statutory conditions, the matter was remitted for fresh consideration within six months, with interim bail granted to the first respondent pending disposal.
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