Advocates:
B.KUMAR, K.K.MANI, K.T.S.Tulsi, RAM JETHMALANI, V.J.Francis, V.K.VARMA

Key Points:- The NDPS Act expressly applies Section 167(2) CrPC to proceedings involving offences under the Act, and Section 36-A and 36-C govern proceedings before Special Courts with adherence to CrPC where not inconsistent. (!) (!) (!) - The proviso to sub-section (2) of Section 167 CrPC (automatic bail after 60/90 days if complaint not filed) is not excluded by NDPS Act; absence of an express contrary provision means it remains applicable, and bail on expiry can be granted unless the NDPS Act imposes additional conditions. (!) (!) (!) - Section 37(1)(b) of the NDPS Act imposes additional bail limitations beyond CrPC, requiring the court to be satisfied of reasonable grounds for believing not guilty, and the opportunity for the Public Prosecutor to oppose; these do not automatically negate the applicability of the Section 167(2) proviso but operate as supplementary to CrPC. (!) (!) (!) (!) (!) - The burden on the accused under Section 37 NDPS is to show reasonable grounds for belief of not guilty, distinguishing from the CrPC standard where the prosecution must show reasonable grounds for guilt; this affects bail considerations but does not substitute for the 167(2) custody limit. (!) (!) - The Act’s scheme does not include an explicit provision excluding the 167(2) proviso, and the absence of such an inconsistency supports applying CrPC provisions alongside NDPS constraints. (!) (!) - The decision emphasizes that the High Court’s powers under Section 439 CrPC are subject to the NDPS Act’s added bail limitations, and that Special Courts apply CrPC provisions save as inconsistent with the NDPS Act. (!) (!) (!)

What is the applicability of the proviso to sub-section (2) of Section 167 CrPC to an accused charged under the NDPS Act for bail on expiry of the maximum permissible custody during investigation?What is the proper interpretation of Section 37 of the NDPS Act in relation to the proviso to Section 167(2) CrPC when sub-section (2) is expressly applied by the NDPS Act?What are the circumstances under which the High Court or Special Court may grant or deny bail in NDPS cases in light of the NDPS Act provisions and the Code of Criminal Procedure?