Bail under NDPS Act -- Previous Conviction and Jumping of Bail -- Bail granted without considering statutory rigours and repeat-offender provision liable to cancellation
(i) Narcotic Drugs and Psychotropic Substances Act, 1985, S.37 r/w S.31A -- Bail under NDPS Act -- Previous Conviction and Jumping of Bail -- Grant of bail in a commercial-quantity case without considering the statutory requirements of Section 37 and the enhanced punishment provision for a previously convicted offender is unsustainable. Absconding after a stay of the bail order amounts to jumping bail and warrants cancellation. (ii) Narcotic Drugs and Psychotropic Substances Act, 1985, S.37 -- Bail to Foreign National -- Verification of Surety in Commercial Quantity Case -- Where existing processes for verification of sureties furnished by foreign nationals lack uniformity and are found deficient, the Court may, in exercise of powers under Article 142 of the Constitution, direct passport deposit, FRRO registration, dual sureties, time-bound surety verification, a centralised database, and a lien on surety property, to secure the integrity of the bail process in commercial-quantity NDPS cases.
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