Custody Period and Charge-Sheet No Ground for NDPS Bail Under Section 37: Supreme Court Cancels Bail

Acting on secret information, NCB officials opened a parcel at a courier godown in Delhi on 09.01.2020 and recovered 50,000 Tramadol tablets weighing 20 kgs (para 3). The co-accused who had booked it said in his Section 67 statement that he had bought the tablets from the respondent (para 4). On the respondent's disclosure, the NCB raided another co-accused's godown and recovered 6,64,940 tablets of psychotropic substances, 1400 injections and 80 syrup bottles (paras 5, 16). Arrested on 11.01.2020 and twice refused bail by the Special Judge, he was granted post-arrest bail by the Delhi High Court on 16.03.2021; the NCB appealed (paras 2, 6).

Section 37(1)(b) adds to the limitations under Section 439 of the Code: the Public Prosecutor must be heard and, if he opposes, the court must be satisfied that there are reasonable grounds for believing the accused is not guilty and is unlikely to offend on bail (para 11). Drawing on Ahmadalieva Nodira and Rajesh, the Court read "reasonable grounds" as credible and plausible grounds to believe the accused is not guilty (paras 12-14). The court need not record a finding of innocence or weigh the evidence; the exercise is for the limited purpose of bail (para 15). The High Court rightly kept aside the Section 67 confessions after Tofan Singh (para 16). But the NCB also relied on the respondent's disclosures, which led to the raid and the large haul, and on call detail records showing the co-accused in touch with each other (para 16). That circumstantial evidence "ought to have dissuaded the High Court" from granting bail, and treating the absence of any recovery from the respondent as showing he was not guilty "would be premature at this stage" (para 17).