The Punjab & Haryana High Court clarified the pre-requisite for granting bail under Section 37 of the NDPS Act; courts must look for a real and substantial probability that the accused will re-offend if granted bail, not just a vague or speculative chance.
A man jailed for nearly three years in a commercial heroin case was granted bail after the Court noted no direct recovery from him, weak evidence, and extended trial delays. Justice Sandeep Moudgil observed it was “highly unlikely” for someone to carry 2 kg of narcotics openly in a transparent bag.
The court held that bail conditions like monthly affidavits or regular police appearances can help meet the Act’s strict standards while still ensuring fairness.
