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1. Heard learned counsel for the applicant, Sri Sajeet Singh, learned counsel for the respondent and perused the material brought on record.

2. In terms of the complaint against the applicant, it was alleged that on the basis of a search carried out on 30.05.2019 at Lucknow, a person namely Mohd. Islam was arrested and was alleged of illegally possessing 5.5 KG Morphine. He was arrested on the spot and subsequently a Case Crime No. 22 of 2019 was registered against him. A complaint was subsequently was filed against him on 22.11.2019 and the investigation was kept open. It bears from the complaint filed by the Narcotics Control Bureau (in short "NCB") that as the complaint with regard the various persons was pending, a request was made to the court to issue non bailable warrant of arrest as they were not responding to the summons issued for giving statement under Section 67 of the Narcotic Drugs and Psychotropic Substances Act, 1985 (hereinafter being referred to as 'NDPS Act'), in response to which, a non bailable warrant was issued on 22.11.2022, which was executed by the NCB but could not succeed in procuring the presence of the present applicant. It was also alleged that after the person from whom the possession was shown was arrested on 30.05.2019, the said person gave a statement under Section 67 of the NDPS Act alleging that he used to supply the said goods to the applicant as well as two other persons. All these facts were mentioned in the complaint filed against the said accused on 22.11.2019. Subsequently, it was alleged in the complaint that the applicant and the other co-accused were booked for another offence by the police in FIR No. 50 of 2023, an FIR No. 533 of 2022 and they were taken into custody. It was also alleged that an application for production warrant was moved against the applicant and the other co-accused, which was allowed on 04.02.2023 and in response to the said, the applicant and the other co-accused were produced before the Special Court on 16.02.2023 based upon the production warrant and thereafter, the applicant was formally arrested in the present case on 16.02.2023. It is further alleged that on 17.02.2023, an application was moved before the Special Court for permission to record the statement, which was allowed and based upon the said, the statement of the applicant was recorded under Section 67 of the NDPS Act, wherein the applicant admitted his guilt. In terms of the said confessional statement, a supplementary complaint was filed against the applicant, for which, the present bail application is being filed.

4. The counsel for the NCB strongly opposed the bail application filed on behalf of the applicant by arguing that in the present case recovery from the co-accused was 5.5 KG Morphine, which is far above the commercial quantity prescribed. He further argues that not only the applicant was the kingpin and was abetting the entire crime, he was involved in the other cases also as is evident from the fact that three cases have been instituted against him. He further argues that in view of the bar created under Section 37 of the NDPS Act, the bail application should be rejected. He further draws my attention to the second limb of the twin condition prescribed under Section 37 of the NDPS Act to argue that the conduct of the applicant is evident from the fact that he was involved in three other cases, which fact needs to be considered by this Court while deciding the present bail application. In short, the submission of the counsel for the NCB is that considering the fact that the recovery is more than the commercial quantity, the bail application should be rejected particularly in the view of the conduct of the applicant and his involvement in the other cases.