STATE OF KERALA vs RAJESH

The Supreme Court held that the High Court erred in granting post-arrest bail to the accused respondents without adhering to the provisions of Section 37(1)(b)(ii) of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court emphasized that the mandate of Section 37 requires the court to consider the seriousness of the offence and the likelihood of the accused tampering with evidence before granting bail. Consequently, the Supreme Court set aside the High Court's order and denied bail, reinforcing the stringent bail provisions under the NDPS Act.