Bail Under Section 37 Of NDPS Act Can't Be Granted Based On Assumptions: Himachal Pradesh High Court

The Himachal Pradesh High Court has strongly affirmed the stringent bail conditions stipulated under Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act. The court emphasized that before granting bail in NDPS cases, particularly those involving commercial quantities of drugs, courts must meticulously record their specific satisfaction regarding the accused's likelihood of innocence and the absence of any propensity for recidivism. This judgment denied bail in a significant drug trafficking case, underscoring the judiciary's commitment to curbing the menace of narcotics while carefully balancing the fundamental right to personal liberty. The ruling also serves to clarify the evidentiary thresholds that must be met by applicants seeking bail under the stringent provisions of the NDPS Act.