18.3.2026 vs Of on 31 March, 2026

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    Himachal Pradesh High Court

    Reserved On: 18.3.2026 vs Of on 31 March, 2026

                                                                                        2026:HHC:9406
    
    
    
    
         IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
    
                                                  Cr. MP(M) No. 332 of 2026
    
    
    
    
                                                                                       .
                                                  Reserved on: 18.3.2026
    
    
    
    
    
                                                  Date of Decision: 31.3.2026.
    
    
    
    
    
        Akash Goyal                                                         ....Petitioner
                                         Versus
    
    
    
    
                                                         of
        State of HP                                                         .... Respondent
    
    
        Coram                  rt
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
        Whether approved for reporting?1 No.
    
        For the Petitioner                :         Mr Ajay Kochhar, Senior Advocate,
                                                    with M/s Varun Chauhan, Anubhav
                                                    Chopra    and   Bhairav   Gupta,
    
    
    
                                                    Advocates.
        For the Respondent/State:                   Mr Jitender K. Sharma, Additional
                                                    Advocate General.
    
    
    
    
    
    
        Rakesh Kainthla, Judge
    

    The petitioner has filed the present petition for

    seeking regular bail in FIR No. 267 of 2025, dated 4.12.2025,

    SPONSORED

    registered at Police Station Paonta Sahib, District Sirmour, H.P.,

    for the commission of offences punishable under Sections 22 and

    29 of the Narcotic Drugs and Psychotropic Substances (NDPS)

    Act.

    1

    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    2. It has been asserted that, as per the prosecution’s

    story, the police were on patrolling duty on 3.12.2025. They

    .

    received a secret information at about 7.40 PM at Batapul, Paonta

    Sahib, that a vehicle bearing registration No. HR-51BS-9267,

    occupied by Arjun and Rahul Kapoor, was transporting a huge

    consignment of prohibited capsules and tablets from Haryana,

    of
    which could be recovered by searching the vehicle. The police

    joined Joginder Singh as an independent witness, set up a naka
    rt
    ahead of the Behral check post, and intercepted the vehicle. The

    driver identified himself as Arjun, and the person sitting beside

    the driver identified himself as Rahul Kapoor. The police

    searched the vehicle and recovered a bag. The police checked the

    bag and found 4560 capsules of Tramadol bearing the name

    Proxyohm spas and 3000 tablets of Alprazolam. The police

    arrested the occupants. They revealed during interrogation that

    they had given an amount of ₹1.00 lac to the petitioner for the

    purchase of drugs, and the drugs were supplied in an auto

    rickshaw bearing registration no. UP-11CT-5520. The police

    raided the petitioner’s house on 5.12.2025 and 20.12.2025, but

    could not recover any incriminating material. The police arrested

    the petitioner based on the statement made by the co-accused,

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    which is inadmissible in evidence. The petitioner has no concern

    with the commission of a crime. He is 31 years of age. He has old

    .

    parents to look after. He would abide by the terms and conditions

    that the Court may impose. Hence, it was prayed that the present

    petition be allowed and the petitioner be released on bail.

    3. The petition is opposed by filing a status report

    of
    asserting that the police were on patrolling duty on 3.12.2025.

    When they reached Batapul at 7.40 PM, they received a secret
    rt
    information that a vehicle bearing registration No. HR-51-BS-

    9267 was transporting a huge quantity of capsules and tablets.

    Arjun and Rahul Kapoor were travelling in the vehicle. The

    information was credible, and it was reduced to writing. It was

    sent to Sub Divisional Police Officer (SDPO), Paonta Sahib. The

    police stopped Joginder Singh on the way and set up a naka ahead

    of the Behral check post. The vehicle bearing registration No.

    HR-51-BS-9267 was intercepted at 8.30 PM. The driver

    identified himself as Arjun, and the person sitting beside the

    driver identified himself as Rahul Kapoor. The police searched

    the vehicle and recovered 4560 capsules of Tramadol and 3000

    tablets of Alprazolam. The police arrested the occupants and

    seized the capsules and the tablets. The police interrogated

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    Arjun, who revealed that he had paid ₹1.00 lac to the petitioner

    for purchasing the capsules and the tablets, and these were

    .

    transported in an auto rickshaw bearing registration No. UP-

    11CT-5520. The accused Arjun also identified the place where the

    capsules and tablets were loaded in the vehicle. The police seized

    the mobile phones. The capsules and tablets were sent to FSL,

    of
    and as per the report, the capsules contained 2.253 kilograms of

    Tramadol and the tablets contained 420 grams of Alprazolam.

    rt
    The investigation is complete, and the charge sheet shall be filed

    before the Court. Hence, the petition.

    4. I have heard Mr Ajay Kochhar, learned Senior

    Counsel, assisted by M/s Varun Chauhan, Anubhav Chopra and

    Bhairav Gupta, learned counsel for the petitioner and Mr Jitender

    Sharma, learned Additional Advocate General for the

    respondent/State.

    5. Mr Ajay Kochhar, learned Senior Counsel for the

    petitioner, submitted that the petitioner is innocent and he was

    falsely implicated. There is no evidence against the petitioner

    except the statement made by the co-accused, which is

    inadmissible in evidence. Therefore, he prayed that the present

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    petition be allowed and the petitioner be released on bail. He

    relied upon the judgment of this Court titled Kashin Kashyap Vs.

    .

    State of HP 2026:HHC:3000 in support of his submission.

    6. Mr Jitender K. Sharma, learned Additional Advocate

    General for the respondent/State, submitted that the WhatsApp

    chat of the accused Arjun shows that he had talked to the

    of
    petitioner about the sale/purchase of the capsules. Therefore,

    there is sufficient material to connect the petitioner to the
    rt
    commission of crime. The quantity of the Tramadol and

    Alprazolam is commercial, and the rigours of Section 37 of the

    NDPS Act apply to the present case. Hence, he prayed that the

    present petition be dismissed.

    7. I have given considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    8. The parameters for granting bail were considered by

    the Hon’ble Supreme Court in Pinki v. State of U.P., (2025) 7 SCC

    314: 2025 SCC OnLine SC 781, wherein it was observed at page 380:

    (i) Broad principles for the grant of bail

    56. InGudikantiNarasimhulu v. High Court of A.P., (1978) 1
    SCC 240: 1978 SCC (Cri) 115, Krishna Iyer, J., while
    elaborating on the content of Article 21 of the Constitution
    of India in the context of personal liberty of a person

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    under trial, has laid down the key factors that should be
    considered while granting bail, which are extracted as
    under: (SCC p. 244, paras 7-9)

    .

    “7. It is thus obvious that the nature of the charge is the

    vital factor, and the nature of the evidence is also
    pertinent. The punishment to which the party may be
    liable, if convicted or a conviction is confirmed, also

    bears upon the issue.

    8. Another relevant factor is whether the course of justice
    would be thwarted by him who seeks the benignant

    of
    jurisdiction of the Court to be freed for the time being.
    [Patrick Devlin, “The Criminal Prosecution in England”

    (Oxford University Press, London 1960) p. 75 —
    Modern Law Review, Vol. 81, Jan. 1968, p. 54.]
    rt

    9. Thus, the legal principles and practice validate the Court
    considering the likelihood of the applicant interfering with

    witnesses for the prosecution or otherwise polluting the
    process of justice. It is not only traditional but rational, in
    this context, to enquire into the antecedents of a man who
    is applying for bail to find whether he has a bad record,

    particularly a record which suggests that he is likely to
    commit serious offences while on bail. In regard to
    habituals, it is part of criminological history that a

    thoughtless bail order has enabled the bailee to exploit the
    opportunity to inflict further crimes on the members of

    society. Bail discretion, on the basis of evidence about the
    criminal record of a defendant, is therefore not an exercise

    in irrelevance.” (emphasis supplied)

    57. In Prahlad Singh Bhati v. State (NCT of Delhi), (2001) 4
    SCC 280: 2001 SCC (Cri) 674, this Court highlighted various
    aspects that the courts should keep in mind while dealing
    with an application seeking bail. The same may be
    extracted as follows: (SCC pp. 284-85, para 8)
    “8. The jurisdiction to grant bail has to be exercised on the
    basis of well-settled principles, having regard to the
    circumstances of each case and not in an arbitrary manner.
    While granting the bail, the court has to keep in mind the
    nature of accusations, the nature of evidence in support

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    thereof, the severity of the punishment which conviction
    will entail, the character, behaviour, means and standing
    of the accused, circumstances which are peculiar to the
    accused, reasonable possibility of securing the presence of

    .

    the accused at the trial, reasonable apprehension of the
    witnesses being tampered with, the larger interests of the
    public or State and similar other considerations. It has also

    to be kept in mind that for the purposes of granting the bail
    the legislature has used the words “reasonable grounds for
    believing” instead of “the evidence” which means the

    of
    court dealing with the grant of bail can only satisfy it (sic
    itself) as to whether there is a genuine case against the
    accused and that the prosecution will be able to produce
    prima facie evidence in support of the charge.” (emphasis
    rt
    supplied)

    58. This Court in Ram Govind Upadhyay v. Sudarshan Singh,

    (2002) 3 SCC 598: 2002 SCC (Cri) 688, speaking through
    Banerjee, J., emphasised that a court exercising discretion
    in matters of bail has to undertake the same judiciously. In
    highlighting that bail should not be granted as a matter of

    course, bereft of cogent reasoning, this Court observed as
    follows: (SCC p. 602, para 3)
    “3. Grant of bail, though being a discretionary order, but,

    however, calls for the exercise of such a discretion in a
    judicious manner and not as a matter of course. An order

    for bail bereft of any cogent reason cannot be sustained.
    Needless to record, however, that the grant of bail is

    dependent upon the contextual facts of the matter being
    dealt with by the court and facts do always vary from case
    to case. While the placement of the accused in society,
    though it may be considered by itself, cannot be a guiding
    factor in the matter of grant of bail, the same should
    always be coupled with other circumstances warranting
    the grant of bail. The nature of the offence is one of the
    basic considerations for the grant of bail — the more
    heinous is the crime, the greater is the chance of rejection
    of the bail, though, however, dependent on the factual
    matrix of the matter.” (emphasis supplied)

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    59. In Kalyan Chandra Sarkar v. Rajesh Ranjan, (2004) 7 SCC
    528: 2004 SCC (Cri) 1977, this Court held that although it is
    established that a court considering a bail application
    cannot undertake a detailed examination of evidence and

    .

    an elaborate discussion on the merits of the case, yet the
    court is required to indicate the prima facie reasons
    justifying the grant of bail.

    60. In Prasanta Kumar Sarkar v. Ashis Chatterjee, (2010) 14
    SCC 496: (2011) 3 SCC (Cri) 765, this Court observed that
    where a High Court has granted bail mechanically, the said

    of
    order would suffer from the vice of non-application of
    mind, rendering it illegal. This Court held as under with
    regard to the circumstances under which an order
    granting bail may be set aside. In doing so, the factors
    rt
    which ought to have guided the Court’s decision to grant
    bail have also been detailed as under: (SCC p. 499, para 9)

    “9. … It is trite that this Court does not, normally, interfere
    with an order passed by the High Court granting or
    rejecting bail to the accused. However, it is equally
    incumbent upon the High Court to exercise its discretion

    judiciously, cautiously and strictly in compliance with the
    basic principles laid down in a plethora of decisions of this
    Court on the point. It is well settled that, among other

    circumstances, the factors to be borne in mind while
    considering an application for bail are:

    (i) whether there is any prima facie or reasonable
    ground to believe that the accused had committed the

    offence;

    (ii) nature and gravity of the accusation;

    (iii) severity of the punishment in the event of
    conviction;

    (iv) danger of the accused absconding or fleeing, if
    released on bail;

    (v) character, behaviour, means, position and standing
    of the accused;

    (vi) likelihood of the offence being repeated;

    (vii) reasonable apprehension of the witnesses being
    influenced; and

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    (viii) danger, of course, of justice being thwarted by
    grant of bail.” (emphasis supplied)
    xxxxxxx

    .

    62. One of the judgments of this Court on the aspect of

    application of mind and requirement of judicious exercise
    of discretion in arriving at an order granting bail to the
    accused is Brijmani Devi v. Pappu Kumar, (2022) 4 SCC 497 :

    (2022) 2 SCC (Cri) 170, wherein a three-Judge Bench of this
    Court, while setting aside an unreasoned and casual order
    (Pappu Kumar v. State of Bihar, 2021 SCC OnLine Pat 2856

    of
    and Pappu Singh v. State of Bihar, 2021 SCC OnLine Pat
    2857) of the High Court granting bail to the accused,
    observed as follows: (Brijmani Devi v. Pappu Kumar, (2022)
    4 SCC 497 : (2022) 2 SCC (Cri) 170]), SCC p. 511, para 35)
    rt
    “35. While we are conscious of the fact that liberty of an
    individual is an invaluable right, at the same time while

    considering an application for bail courts cannot lose sight
    of the serious nature of the accusations against an accused
    and the facts that have a bearing in the case, particularly,
    when the accusations may not be false, frivolous or

    vexatious in nature but are supported by adequate material
    brought on record to enable a court to arrive at a prima
    facie conclusion. While considering an application for the

    grant of bail, a prima facie conclusion must be supported
    by reasons and must be arrived at after having regard to

    the vital facts of the case brought on record. Due
    consideration must be given to facts suggestive of the

    nature of crime, the criminal antecedents of the accused, if
    any, and the nature of punishment that would follow a
    conviction vis-à-vis the offence(s) alleged against an
    accused.” (emphasis supplied)

    9. Hon’ble Supreme Court held in State of Rajasthan v.

    Balchand, (1977) 4 SCC 308: 1977 SCC (Cri) 594: 1977 SCC OnLine SC

    261 that the normal rule is bail and not jail, except where the

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    gravity of the crime or the heinousness of the offence suggests

    otherwise. It was observed at page 308:

    .

    2. The basic rule may perhaps be tersely put as bail, not
    jail, except where there are circumstances suggestive of
    fleeing from justice or thwarting the course of justice or

    creating other troubles in the shape of repeating offences
    or intimidating witnesses and the like, by the petitioner
    who seeks enlargement on bail from the Court. We do not

    of
    intend to be exhaustive but only illustrative.

    3. It is true that the gravity of the offence involved is likely
    to induce the petitioner to avoid the course of justice and
    must weigh with us when considering the question of jail.

    rt
    So also, the heinousness of the crime….”

    10. The present petition has to be decided as per the

    parameters laid down by the Hon’ble Supreme Court.

    11. The photographs of the WhatsApp conversation

    between the petitioner and the co-accused Arjun show that they

    had chatted about the delivery of the capsules. The photographs

    of the capsules, the number of boxes and the price were shared;

    therefore, the submission that the petitioner is being implicated

    based on the statement made by the co-accused is not correct.

    The police have Whatsapp conversion showing that the capsules

    and the tablets were supplied by the petitioner to the co-accused.

    Therefore, there is sufficient material to connect the petitioner

    to the commission of crime.

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    12. The status report shows that the quantity of Tramadol

    was found to be 2.253 kilograms. The Central Government has

    .

    notified 250 grams of Tramadol as a commercial quantity;

    therefore, the co-accused was found in possession of a

    commercial quantity of Tramadol, and the rigours of Section 37

    of the NDPS Act apply to the present case.

    of

    13. This Section was interpreted by the Hon’ble Supreme

    Court in Union of India Versus Niyazuddin & Another (2018) 13 SCC
    rt
    738, and it was held that in the absence of the satisfaction that

    the accused is not guilty of an offence and he is not likely to

    commit an offence while on bail, he cannot be released. It was

    observed:

    “7. Section 37 of the NDPS Act contains special provisions
    with regard to the grant of bail in respect of certain

    offences enumerated under the said Section. They are:

    (1) In the case of a person accused of an offence

    punishable under Section 19,
    (2) Under Section 24,
    (3) Under Section 27A and
    (4) offences involving a commercial quantity.

    8. The accusation in the present case is with regard to the
    fourth factor, namely, commercial quantity. Be that as it
    may, once the Public Prosecutor opposes the application
    for bail to a person accused of the enumerated offences
    under Section 37 of the NDPS Act, in case the court
    proposes to grant bail to such a person, two conditions are

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    to be mandatorily satisfied in addition to the normal
    requirements under the provisions of the Cr.P.C. or any
    other enactment.

    .

    (1) The court must be satisfied that there are

    reasonable grounds for believing that the
    person is not guilty of such an offence;
    (2) that person is not likely to commit any offence

    while on bail.”

    14. This position was reiterated in State of Kerala Versus

    of
    Rajesh, AIR 2020 SC 721, wherein it was held:

    “19. This Court has laid down broad parameters to be
    rt
    followed while considering the application for bail moved
    by the accused involved in offences under the NDPS Act. In

    Union of India vs Ram Samujh and Ors., (1999) 9 SCC 429, it
    has been elaborated as under: –

    “7. It is to be borne in mind that the aforesaid
    legislative mandate is required to be adhered to and

    followed. It should be borne in mind that in a
    murder case, the accused commits the murder of
    one or two persons, while those persons who are

    dealing in narcotic drugs are instrumental in

    causing death or in inflicting death-blow to a
    number of innocent young victims, who are
    vulnerable; it causes deleterious effects and a deadly

    impact on the society; they are a hazard to the
    society; even if they are released temporarily, in all
    probability, they would continue their nefarious
    activities of trafficking and/or dealing in intoxicants
    clandestinely. The reason may be the large stake and
    illegal profit involved. This Court, dealing with the
    contention with regard to punishment under the
    NDPS Act, has succinctly observed about the adverse
    effect of such activities in Durand Didier vs Chief
    Secy. Union Territory of Goa
    , (1990) 1 SCC 95) as
    under:

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    24. With deep concern, we may point out that
    the organised activities of the underworld and
    the clandestine smuggling of narcotic drugs
    and psychotropic substances into this country

    .

    and illegal trafficking in such drugs and
    substances have led to drug addiction among
    a sizeable section of the public, particularly

    the adolescents and students of both sexes
    and the menace has assumed serious and
    alarming proportions in the recent years.

    of
    Therefore, in order to effectively control and
    eradicate this proliferating and booming
    devastating menace, causing deleterious
    rt effects and a deadly impact on society as a
    whole, Parliament, in its wisdom, has made
    effective provisions by introducing Act 81 of

    1985 specifying mandatory minimum
    imprisonment and fine.

    8. To check the menace of dangerous drugs
    flooding the market, Parliament has provided that

    the person accused of offences under the NDPS Act
    should not be released on bail during trial unless
    the mandatory conditions provided in Section 37,

    namely,

    (i) there are reasonable grounds for believing
    that the accused is not guilty of such offence;

    and

    (ii) that he is not likely to commit any offence
    while on bail are satisfied. The High Court has
    not given any justifiable reason for not
    abiding by the aforesaid mandate while
    ordering the release of the respondent
    accused on bail. Instead of attempting to take
    a holistic view of the harmful socio-economic
    consequences and health hazards which
    would accompany trafficking illegally in
    dangerous drugs, the court should implement

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    the law in the spirit with which Parliament,
    after due deliberation, has amended.”

    20. The scheme of Section 37 reveals that the exercise of

    .

    power to grant bail is not only subject to the limitations

    contained under Section 439 of the CrPC but is also subject
    to the limitation placed by Section 37, which commences
    with the non-obstante clause. The operative part of the

    said section is in the negative form prescribing the
    enlargement of bail to any person accused of the
    commission of an offence under the Act unless the two

    of
    conditions are satisfied. The first condition is that the
    prosecution must be given an opportunity to oppose the
    application, and the second is that the Court must be
    satisfied that there are reasonable grounds for believing
    rt
    that he is not guilty of such an offence. If either of these
    two conditions is not satisfied, the ban on granting bail

    operates.

    21. The expression “reasonable grounds” means
    something more than prima facie grounds. It

    contemplates substantial probable causes for believing
    that the accused is not guilty of the alleged offence. The
    reasonable belief contemplated in the provision requires

    the existence of such facts and circumstances as are
    sufficient in themselves to justify satisfaction that the

    accused is not guilty of the alleged offence. In the case at
    hand, the High Court seems to have completely overlooked
    the underlying object of Section 37 that, in addition to the

    limitations provided under the CrPC, or any other law for
    the time being in force, regulating the grant of bail, its
    liberal approach in the matter of bail under the NDPS Act is
    indeed uncalled for.”

    15. A similar view was taken in Union of India v. Mohd.

    Nawaz Khan, (2021) 10 SCC 100: (2021) 3 SCC (Cri) 721: 2021 SCC

    OnLine SC 1237, wherein it was observed at page 110:

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    “21. Under Section 37(1)(b)(ii), the limitations on the
    grant of bail for offences punishable under Sections 19, 24
    or 27-A and also for offences involving a commercial
    quantity are:

    .

    (i) The Prosecutor must be given an opportunity to
    oppose the application for bail; and

    (ii) There must exist “reasonable grounds to

    believe” that (a) the person is not guilty of such an
    offence, and (b) he is not likely to commit any
    offence while on bail.

    of

    22. The standard prescribed for the grant of bail is
    “reasonable ground to believe” that the person is not
    guilty of the offence. Interpreting the standard of
    rt
    “reasonable grounds to believe”, a two-judge Bench of
    this Court in Shiv Shanker Kesari [Union of India v. Shiv

    Shanker Kesari, (2007) 7 SCC 798: (2007) 3 SCC (Cri) 505],
    held that: (SCC pp. 801-02, paras 7-8 & 10-11)
    “7. The expression used in Section 37(1)(b)(ii) is
    “reasonable grounds”. The expression means

    something more than prima facie grounds. It connotes
    substantial probable causes for believing that the
    accused is not guilty of the offence charged, and this

    reasonable belief contemplated, in turn, points to the
    existence of such facts and circumstances as are

    sufficient in themselves to justify the recording of
    satisfaction that the accused is not guilty of the offence

    charged.

    8. The word “reasonable” has in law the prima facie
    meaning of reasonable in regard to those
    circumstances of which the actor, called on to act
    reasonably, knows or ought to know. It is difficult to
    give an exact definition of the word “reasonable”.
    ‘7. … Stroud’s Judicial Dictionary, 4th Edn., p. 2258
    states that it would be unreasonable to expect an
    exact definition of the word “reasonable”. Reason
    varies in its conclusions according to the
    idiosyncrasies of the individual and the times and

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    circumstances in which he thinks. The reasoning
    which built up the old scholastic logic sounds now
    like the jingling of a child’s toy.’

    .

    [See MCD v. Jagan Nath Ashok Kumar [MCD v. Jagan

    Nath Ashok Kumar, (1987) 4 SCC 497], SCC p. 504, para
    7 and Gujarat Water Supply & Sewerage Board v.
    Unique Erectors (Gujarat) (P) Ltd. [Gujarat Water

    Supply & Sewerage Board v. Unique Erectors (Gujarat)
    (P) Ltd., (1989) 1 SCC 532] ]
    ***

    of

    10. The word “reasonable” signifies “in accordance
    with reason”. In the ultimate analysis, it is a
    question of fact whether a particular act is
    rt
    reasonable or not, which depends on the
    circumstances in a given situation. (See Municipal

    Corpn. of Greater Mumbai v. Kamla Mills Ltd.
    [Municipal Corpn. of Greater Mumbai
    v. Kamla Mills
    Ltd. (2003) 6 SCC 315]

    11. The court, while considering the application for

    bail with reference to Section 37 of the Act, is not
    called upon to record a finding of not guilty. It is for
    the limited purpose essentially confined to the

    question of releasing the accused on bail that the
    court is called upon to see if there are reasonable

    grounds for believing that the accused is not guilty
    and records its satisfaction about the existence of

    such grounds. But the court has not to consider the
    matter as if it is pronouncing a judgment of
    acquittal and recording a finding of not guilty.”
    (emphasis supplied)

    23. Based on the above precedent, the test which the High
    Court and this Court are required to apply while granting
    bail is whether there are reasonable grounds to believe
    that the accused has not committed an offence and
    whether he is likely to commit any offence while on bail.
    Given the seriousness of offences punishable under the
    NDPS Act and in order to curb the menace of drug

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    trafficking in the country, stringent parameters for the
    grant of bail under the NDPS Act have been prescribed.”

    16. It was held in Union of India v. Ajay Kumar Singh, 2023

    .

    SCC OnLine SC 346, that bail cannot be granted without complying

    with the requirement of Section 37 of the NDPS Act. It was

    observed:

    of

    4. This apart, it is noticed that the High Court, in passing
    the impugned order of bail, had lost sight of Section 37 of
    the NDPS Act, which, inter alia, provides that no person
    accused of an offence involving commercial quantity shall
    rt
    be released on bail unless the twin conditions laid down
    therein are satisfied, namely, (i) the public prosecutor has

    been given an opportunity to oppose the bail application;

    and (ii) the court is satisfied that there are reasonable
    grounds for believing that he is not guilty of such an
    offence and that he is not likely to commit any such

    offence while on bail.

    15. For the sake of convenience Section 37(1) is reproduced

    hereinbelow: —

    “37. Offences to be cognisable and non-bailable. –

    (1) Notwithstanding anything contained in the
    Criminal Procedure Code, 1973 (2 of 1974)-

    (a) every offence punishable under this Act shall
    be cognisable.

    (b) no person accused of an offence punishable
    for 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

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    18

    (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.”

    16. In view of the above provisions, it is implicit that no
    person accused of an offence involving trade in a

    commercial quantity of narcotics is liable to be released on
    bail unless the court is satisfied that there are reasonable
    grounds for believing that he is not guilty of such an

    of
    offence and that he is not likely to commit any offence
    while on bail.

    17. It was held in State of Meghalaya v. Lalrintluanga Sailo,
    rt
    2024 SCC OnLine SC 1751, that the grant of bail without

    considering Section 37 of the NDPS Act is impermissible. It was

    observed:

    “5. There cannot be any doubt with respect to the position
    that, in cases involving the commercial quantity of

    narcotic drugs or psychotropic substances, while
    considering the application of bail, the Court is bound to

    ensure the satisfaction of conditions under Section 37(1)

    (b)(ii) of the NDPS Act. The said provision reads thus: —

    “37(1)(b)(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.”

    6. While considering the cases under the NDPS Act, one
    cannot be oblivious of the objects and reasons for bringing
    the said enactment after repealing the then-existing laws
    relating to Narcotic drugs. The object and reasons given in
    the acts themselves read thus: —

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    19

    “An act to consolidate and amend the law relating to
    narcotic drugs, to make stringent provisions for the control
    and regulation of operations relating to narcotic drugs and
    psychotropic substances, to provide for the forfeiture of

    .

    property derived from, or used in, illicit traffic in narcotic
    drugs and psychotropic substances, to implement the
    provisions of the International Convention on Narcotic

    Drugs and Psychotropic Substances and for matters
    connected therewith.”

    In the decision in Collector of Customs, New Delhi v.

    of
    Ahmadalieva Nodira (2004) 3 SCC 549, the three-judge
    bench of this Court considered the provisions under
    Section 37(1)(b) as also 37(1)(b)(ii) of the NDPS Act, with
    regard to the expression “reasonable grounds” used
    rt
    therein. This Court held that it means something more
    than the prima facie grounds and that it contemplates

    substantial and probable causes for believing that the
    accused is not guilty of the alleged offence. Furthermore,
    it was held that the reasonable belief contemplated in the
    provision would require the existence of such facts and

    circumstances as are sufficient in themselves to justify
    satisfaction that the accused is not guilty of the alleged
    offence.

    As relates to the twin conditions under Section 37(1)(b)(ii)

    of the NDPS Act, viz., that, firstly, there are reasonable
    grounds for believing that the accused is not guilty of such
    offence and, secondly, he is not likely to commit any

    offence while on bail it was held therein that they are
    cumulative and not alternative. Satisfaction of the
    existence of those twin conditions had to be based on the
    ‘reasonable grounds’, as referred to above.

    7. In the decision in State of Kerala v. Rajesh (2020) 12 SCC
    122, after reiterating the broad parameters laid down by
    this Court to be followed while considering an application
    for bail moved by an accused involved in offences under
    the NDPS Act, in paragraph 18 thereof this Court held that
    the scheme of Section 37 of the NDPS Act would reveal that
    the exercise of power to grant bail in such cases is not only

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    20

    subject to the limitations contained under Section 439 of
    the Code of Criminal Procedure, but also subject to the
    limitation placed by Section 37(1)(b)(ii), NDPS Act.
    Further, it was held that in case one of the two conditions

    .

    thereunder is not satisfied, the ban on granting bail would
    operate.

    8. Thus, the provisions under Section 37(1)(b)(ii) of the

    NDPS Act and the decisions referred supra reveal the
    consistent view of this Court that while considering the
    application for bail made by an accused involved in an

    of
    offence under the NDPS Act, a liberal approach ignoring
    the mandate under Section 37 of the NDPS Act is
    impermissible. Recording a finding mandated under
    Section 37 of the NDPS Act, which is a sine qua non for
    rt
    granting bail to an accused under the NDPS Act, cannot be
    avoided while passing orders on such applications.”

    18. In the present case, the prosecution has collected

    sufficient material to prima facie connect the petitioner with the

    commission of the crime. There is nothing on record to show

    that the petitioner will not indulge in the commission of an

    offence if released on bail. Hence, he has not satisfied the twin

    conditions laid down in Section 37 of the ND&PS Act.

    19. It was submitted that the bail is a Rule and Jail is an

    exception, and the petitioner is entitled to bail on this

    consideration. This submission will not help the petitioner, as he

    is prima facie involved in the commission of an offence

    punishable under Section 20 of the NDPS Act involving the

    commercial quantity. It was laid down by the Hon’ble Supreme

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    21

    Court in Narcotics Control Bureau v. Kashif, (2024) 11 SCC 372: 2024

    SCC OnLine SC 3848 that in cases under the NDPS Act involving

    .

    the commercial quantity, the negation of bail is the rule and its

    grant an exception. It was observed at page 381:

    “Compliance with the mandate under Section 37

    9. There has been a consistent and persistent view of

    of
    this Court that in the NDPS cases, where the offence is
    punishable with a minimum sentence of ten years, the
    accused shall generally not be released on bail. Negation of
    bail is the rule, and its grant is an exception. While
    rt
    considering the application for bail, the court has to bear
    in mind the provisions of Section 37 of the NDPS Act,

    which are mandatory in nature. The recording of findings
    as mandated in Section 37 is a sine qua non for granting
    bail to the accused involved in the offences under the said
    Act.”

    20. No other point was urged.

    21. In view of the above, the present petition fails, and it

    is dismissed.

    22. The observations made here-in-above are regarding

    the disposal of this petition and will have no bearing,

    whatsoever, on the case’s merits.

    (Rakesh Kainthla)
    Judge
    31st March, 2026
    (Chander)

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