NDPS -- Commercial Quantity -- Bail--Absconding Status of Co-Accused and Commission of Offence While on Bail in Another NDPS Case Are Relevant Factors for Refusing Bail
Under Section 37 of the NDPS Act, the absconding status of a co-accused is a relevant consideration while assessing likelihood of the applicant fleeing from justice. Bail may be refused where the accused committed the offence while already released on bail in another NDPS case, reflecting a continuing pattern of criminal conduct, and the twin conditions under Section 37 remain unsatisfied. Absence of photographic or videographic evidence cannot support bail where statutory twin conditions are not met.
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