Under Section 37 of the NDPS Act, bail for offenses involving commercial quantities is non-bailable unless specific conditions are met.

ORDER:

This Criminal Petition is filed under Section s 480 and 483 of Bharatiya Nagarik Suraksha Sanhitha, 2023 (for short ‘BNSS’) seeking bail to the petitioner/accused No.1 in Crime No.553 of 2025 on the file of the P.S.L.B.Nagar, registered for the offences punishable under Section s 8 (C) r/w 22(C) and 29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short ‘NDPS Act’).

2. When this criminal petition is taken up for hearing on 04.07.2025 there was no representation on behalf of the petitioner either physical mode or virtual mode. To give one more opportunity, the matter was posted to 08.07.2025. However, today also, there is no representation on behalf of the petitioner, either in physical mode or virtual mode. It appears that the learned counsel for the petitioner is not interested to prosecute the matter. Hence, this Court is not having any option except to proceed with the matter on merits.

3. The case of the prosecution is that petitioner/accused No.1 along with other accused was found in possession of 18.31 grams of MDMA and the same was seized. Basing on the same, the above crime was registered.

4. Heard Mr.Syed Yasar Mamoon, learned Additional Public Prosecutor appearing for respondent-State.

5. Learned Additional Public Prosecutor submitted that the petitioner has committed a grave offence and the police seized the contraband namely 18.31 grams of MDMA, which is commercial quantity. He further submitted that petitioner is accused in Crime No.173 of 2022 and has committed the very same offence and the same is pending. He further submitted that the petitioner was arrested on 09.06.2025 and the investigation is under progress. Hence, the petitioner is not entitled for grant of bail.

6. Having considered the submissions made by learned Additional Public Prosecutor and after perusal of the material available on record, it reveals that the police seized 18.31 grams of MDMA. As per the provisions of NDPS Act, 0.5 grams is the small quantity, the contraband seized from the possession of the petitioner and accused No.2 in this crime is more than commercial quantity. At this stage, it is pertinent to note Section 37 of the NDPS Act, which reads as under:

“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 1[offences under section 19 or section 24 or section 27A 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.”

7. In view thereof, Section 37 of the NDPS Act mandates that offences involving commercial quantities be non-bailable, requiring reasonable grounds to believe the accused is not guilty and unlikely to commit further offences while on bail. Even according to the learned Additional Public Prosecutor, petitioner is accused in Crime No.173 of 2022 and has committed the very same offence and the same is pending. Hence, since the allegations levelled against the petitioner are serious in nature, this Court is not satisfied that conditions for granting bail under Section 37 are met. Therefore