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10. At this stage, it is apposite to refer to Section 37 of the NDPS Act. Section 37 of the NDPS Act, as substituted by Act 2 of 1989 with effect from 29.05.1989 with further amendment by Act 9 of 2001, reads as follows :

"37. Offences to be cognizable and non-bailable.-

(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)-

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for offences under Section 19 or Section 24 or Section 27A and also for offences involving commercial quantity shall be released on bail or on his own bond unless -

11. It is settled law vide Narcotics Control Bureau vs. Kishan Lal and others, (1991) 1 SCC 705 that the powers of this Court to grant bail under Section 439, CrPC are subject to the limitations contained in Section 37 of the NDPS Act and the restrictions placed on the powers of the Court under Section 37, NDPS Act are applicable to this Court also in the matter of granting bail.

12. Section 37 of the NDPS Act starts with a non-obstante clause. Keeping the non-obstante clause in mind, a reading of sub-section (2) of Section 37 of the NDPS Act makes it clear that the power to grant bail to a person accused of having committed an offence either under Section 19 or Section 24 or Section 27A and also offences involving commercial quantity under the NDPS Act is not only subject to the limitations imposed under Section 439, CrPC, it is also subject to the restrictions placed by sub-clause (b) of sub-section (1) of Section 37 of the NDPS Act. Apart from giving an opportunity to the Public Prosecutor to oppose the application for such release, the other two conditions viz. (i) the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of the alleged offence; and

(ii) that he is not likely to commit any offence while on bail, have to be satisfied. In other words, t hese limitations are in addition to those prescribed under the CrPC or any other law in force on the grant of bail. The operative part of Section 37, NDPS Act is in the negative form. Such stringent restrictions have been put on the discretion of the Court for considering application for release of a person accused of offences prescribed therein by the Legislature consciously in view of the seriousness of the offences. T he conditions mentioned in Section 37 of the NDPS Act are cumulative and not alternative. The satisfaction contemplated regarding the accused being not guilty, has to be based on "reasonable grounds".

22. The previous application of the accused-petitioner for bail, BA No. 2913/2019 was considered by this Court on 24.09.2019 on the basis of the materials made available including the case diary, before the Court on that day. Finding presence of incriminating materials including the positive result in the FSL report, found available in the case diary against the accused-petitioner and considering the rigours of Section 37, NDPS Act, the Court rejected the said application by order dated 24.09.2019. As the present application has been filed after submission of the offence report under Section 36 (1)(d), NDPS Act by the NCB before the jurisdictional court on 12.12.2019 the Court has considered the same on the basis of the materials placed before it and having gone through the materials, this Court has not found any good and sufficient ground to depart from the view which was taken earlier. In an application for bail involving contraband of commercial quantity which brings in the limitations prescribed in Section 37 of the NDPS Act, it is not the period of detention but the merits qua the twin conditions laid down in Section 37 of the NDPS Act which are required to be considered.