Case Title: Mahendrabhai Manglabhai Bodat v. the State Of Gujarat
The Gujarat High Court granted bail to an accused under the Narcotic Drugs and Psychotropic Substances Act, 1985, while observing that rigours of bail under Section 37 of the Act do not apply in case of non-commercial quantity and hence, regular bail can be allowed.
The Court observed that "Having carefully considered the contents of the FIR and material placed on record, it appears that embargo of Section 37 of the NDPS Act is not applicable to the facts of present case as seized contraband Ganja is found to be small quantity. The applicant having no past antecedent of like nature. There is no likelihood of absconding or fleeing from justice."
Section 37 of the NDPS Act states that:-
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 2[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.
Therefore, interpreting the aforementioned section the Court observed that Section 37 stipulates that the persons accused of offences under the Act involving commercial quantity, could be denied bail unless the Court is satisfied that there are reasonable grounds for believing that the accused is not guilty and is not likely to commit any offence while on bail. However, for non-commercial quantity, there is no such bar for grant of bail under the provision.