The Punjab and Haryana High Court in Gurbhej Singh @ Bheja v. State of Punjab reiterated that the duration of custody alone is not a ground for grant of bail under the NDPS Act.
The Court observed that “As per Section 37 of the Act, for grant of bail in cases involving commercial quantities of contraband, the Court has to satisfy itself on the reasonable ground that the accused is not guilty, and he is not likely to commit any offence while on bail. The twin conditions are required to be fulfilled.”
The Court also referred to Narcotics Control Bureau v. Mohit Aggarwal, wherein the Supreme Court held as under:-
"10. The provisions of Section 37 of the NDPS Act read 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 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 subsection (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.]”
Further, the Court also placed reliance on Collector of Customs, New Delhi v. Ahmadalieva Nodira wherein the full bench of this Court had observed that “The limitations on granting of bail come in only when the question of granting bail arises on merits. Apart from the grant of opportunity to the Public Prosecutor, the other twin conditions which really have relevance so far as the present accused-respondent is concerned, are: the satisfaction of the court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence and that he is not likely to commit any offence while on bail. The conditions are cumulative and not alternative. The satisfaction contemplated regarding the accused being not guilty has to be based on reasonable grounds.”