(Grant of Regular Bail under NDPS Act)
Narcotic Drugs and Psychotropic Substances Act, 1985 (Sections 21(c), 29, 37(1)(b)(ii)); Bharatiya Nagarik Suraksha Sanhita, 2023 (Section 483); Constitution of India (Article 21) - The Supreme Court entertained an appeal against a High Court order granting regular bail to the respondent, who faced charges under the NDPS Act for possessing a commercial quantity (1.465 kg) of heroin. The High Court based its bail decision on the respondent's over two years in custody, slow trial progress (2/24 witnesses), co-accused being on bail, and the right to speedy trial under Article 21, suggesting a dilution of Section 37 NDPS Act rigors.
The State argued the High Court failed to record the mandatory twin satisfaction under Section 37(1)(b)(ii) of the NDPS Act: reasonable grounds of not guilty and no likelihood of committing further offences.
The Supreme Court emphasized that this twin satisfaction is a jurisdictional prerequisite. It clarified that Article 21's right to speedy trial complements, but does not displace, Section 37's specific mandate.