When a criminal case involves the recovery of narcotic contraband exceeding the notified commercial quantity, the stringent twin conditions under Section 37 of the NDPS Act must be satisfied for the grant of bail, requiring reasonable grounds to believe the accused is not guilty and unlikely to commit further offences.

1. The instant bail application has been filed under Section 483 of the Bharatiya Nagarik Suraksha Sanhita, 2023 on behalf of accused-petitioner in connection with FIR No. 441/2025 registered at Police Station Kotputali, District Kotputali-Behror for offence under Sections 8 , 21, 22, 29 of the N.D.P.S. Act 1985.

2. As per the facts on record, the Constable of CID (Crime), Jaipur, informed that Manoj Kumar Jat (petitioner) is selling illegal narcotic capsules at a grocery shop located in Transport Nagar, Kotputli and there is every possibility that he is in possession of a large quantity of narcotic capsules, and if, he is searched without wasting time, a huge quantity of narcotic capsules can be recovered. On the said information, one Constable was sent with appropriate instructions for report under Section 42 of the NDPS Act. Thereafter, the SHO, along with other Police Personnel and other necessary equipment, reached near grocery shop of the accused-petitioner. A person was found sitting inside the shop; and when the S.H.O. went to him and asked the name and address, he told him that his name is Manoj Kumar; and after introducing to him, the Police party disclosed the information which they had received. The police party then approached the persons in the neighborhood and requested them to act as independent witnesses to the search and proceedings; however, no one agreed and therefore no independent witness could be found and search was made in the presence of the Police personnel, who consented. The Police team also gave a notice under Section 50 of the NDPS Act to the accused-petitioner, informing him about his legal right to get himself and the shop in possession, searched in the presence of Magistrate or Gazetted Officer and the accused-petitioner consented in writing to get himself and the shop, searched by the Police personnel. The shop in possession of the accused-petitioner was searched; and a bag was seen beside the refrigerator, kept in the shop and when it was opened and checked, then many strips of capsules, named as PROXYCO-SPAS, were found in the plastic bag. When these were checked, the capsules were found to contain Tramadol Salt which is a notified drugs under the NDPS Act. When accused-petitioner was asked about the other capsules, he told that there were other capsules in the warehouse located at the backside of the shop. Then the Police team along with accused -petitioner reached the warehouse built in the basement of the backside of the shop where two cardboard cartoons were found containing Narcotic Drug Capsules. In the search a total of 48576 capsules were found in possession of the accused-petitioner, containing Tramadol Salt, and after adhering to the procedure given under the Act, samples were taken and send to the FSL report. The alleged contraband recovered from the possession of the accused-petitioner is much above the commercial quantity, as notified. On an inquiry, the accused-petitioner stated that he is selling these drugs on the instruction of Dr. Avinash, to whom these drugs belong.

3. Learned counsel appearing for the petitioner submits that the accused-petitioner is neither the owner nor lawful occupier of the alleged property from where the contraband is stated to have been recovered. He further submits that the alle