IMPORTANT POINT
Court has to interpret provisions contained in Sections 36-A and 37 of NDPS Act collectively so as to give “force and life” to intention of legislature behind inserting Section 36-A(3) in the Act.

JUDGMENT

Subhash Vidyarthi J.—Heard Sri Sumeet Tahilramani, learned counsel for the applicant, Sri Ranvijay Singh, learned A.G.A. for the State and perused the records.

2. The instant application has been filed seeking release of the applicant on bail in Case Crime No. 0029 of 2024, under Sections 8/20/23/29/68 of Narcotic Drugs and Psychotropic Substances Act (hereinafter referred to as ‘the NDPS Act’), registered at Police Station Purakalandar, District Ayodhya.

3. The aforesaid case has been registered on the basis of an F.I.R. lodged on 28.01.2024 by the Station House Officer against five persons, including the applicant, stating that on the basis of information received from a mukhbir a team of police officers had intercepted a four wheeler vehicle in which four persons, including the applicant were travelling. Different quantities of charas were being carried by all the accused persons and 7 kgs. charas packed in 14 bags containing 500 grams each was recovered from a bag being carried by the applicant.

4. The recovery memo states that a single sample weighing 166 grams was taken out from the 14 packets of charas recovered from the possession of the applicant.

5. In the affidavit filed in support of bail application it has been stated that the applicant is innocent, he has been falsely implicated in the present case and he has no criminal history.

6. The State has filed a counter affidavit stating that samples have been sent to the Forensic Science Laboratories for being examined and as per the averment made in the counter affidavit also a single sample has been sent for examination.

7. The learned A.G.A. I has drawn attention of the Court to the provisions contained in Section 37 of the NDPS Act, which is as follows: -

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 offences under Section 19 or Section 24 or Section 27-A and also for offences involving commercial quantity 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 limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974), or any other law for the time being in force on granting of bail.

8. The learned A.G.A.-I has relied upon the judgments in the cases of State by the Inspector of Police versus B. Ramu, 2024 INSC 114, S.L.P. Crl. No. 8137 of 2022, decided on 12.02.2024, Union of India v. Ajay Kumar Singh, 2023 SCC OnLine SC 346 and Mohd. Muslim v. State (NCT of Delhi), 2023 SCC OnLine SC 352.

9. In B. Ramu and Ajay Kumar Singh (Supra), the Hon’ble Supreme Court has reiterated that for entertaining a prayer for bail in a case involving recovery of commercial quantity of narcotic drug or psychotropic substance, the Court would mandatorily record the satisfaction in terms of the rider contained in Section 37 of the NDPS Act.

10. In Mohd. Muslim (Supra), the Hon’ble Supreme Court held that:—

“20. A plain and literal interpretation of the conditions under Section 37 (i.e., that Court should be satisfied that the accused is not guilty and would not commit any offence) would effectively exclude grant of bail altogether, resulting in punitive detention and unsanctioned preventive detention as well. Therefore, the only manner in which such special conditions as enacted under Section 37 can be considered within constitutional parameters is where the court is reasonably satisfied on a prima facie look at the mater