IMPORTANT POINT
One of the limitations u/s 37 of NDPS Act on granting bail to accused is that there was reasonable ground for believing that accused was not guilty of alleged offence and expression "reasonable grounds" means something more than prima-facie grounds.

JUDGMENT

Arijit Pasayat, J.-Leave granted.

2. Grant of bail to the respondent (hereinafter referred to as the accused ) by a learned Single Judge, of the Delhi High Court is questioned by the Customs authorities who had purportedly recovered huge quantity of "Diazepam" - 5 mg." Tablets from her.

Factual background necessary to be noted is as follows :

3. On 4.4.2000 Customs authorities detained the respondent-accused, a Uzbeck national who came to India to do business in garments and was found carrying large quantity of "Diazepam - 5 mg. tablets". In the statement recorded under Section 67 of the Narcotic Drugs and Psychotropic Substance Act, 1985 (in short `the NDPS Act ) recovery of tablets was admitted by the accused. She was arrested on 5.4.2000. An application for bail was file before the Special Court, NDPS Act which was rejected taking into account of the embargo placed under Section 37 of the Act. The accused-respondent filed an application for bail under Section 439 read with Section 482 of the Code of Criminal Procedure, 1973 (in short `the Code ). The stand taken essentially was that he tablets seized were not "psychotropic substance" within the definition of the term in the Act. The application was opposed by the detaining authorities on the ground that the article in question was covered by Serial No. 43 of the Schedule to the Act, the export production manufacture, possession etc. which are prohibited under Section 8 of the Act. The High Court was of the view that no definite material was placed to show the materials allegedly recovered conforms to the chemical name mentioned in the Item No. 43 of the Schedule to the Act, and, therefore, cannot be treated to be a psychotropic substance. Report of the Central Control Laboratory which was placed for consideration was held to be of no consequence. Accordingly bail was granted to the respondent on her furnishing personal bond for a sum of Rs. 1,00,000/- with one surety for the like amount to the satisfaction of the Trial Court. It was further stipulated that the respondent-accused was not to leave the jurisdiction of the Trial Court without prior permission from that Court.

4. In support of the appeal, Mr. K.K. Sood, learned Additional Solicitor General, submitted that approach of the High Court is clearly erroneous and overlooks the restrictions and limitations imposed by Section 37 of the NDPS Act. With reference to serial No. 43 of the Schedule to the Act it is submitted that not only the seized articles conform to the description but also the laboratory reports evidentiary value was totally overlooked. There is no appearance for the respondent-accused in spite of the notice.

5. It would be appropriate to take note of few provisions which have relevance. Section 2(xxiii) defining "psychotropic substances" and Section 37 dealing with bail read as follows :

Section 2(xxiii):

"psychotropic substance" means any substance, natural or synthetic, or any natural material or any salt or preparation of such substance or material included in the list of psychotropic substances specified in the Schedule.

Section 37:

Offences to be cognizable and non-bailable-(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for a term of imprisonment of five years or more under this Act shall be released on bail or on his own bond unless-

(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and

(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail,

(2) The limitation on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations u