Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
Searching Case Laws & Precedent on Legal Query.....!
Analysing the retrieved Case Laws
Scanned Judgements…!
However, Sec. 37 of the NDPS Act prescribes that offences involving commercial quantities and certain other serious offences (such as under Sec. 19, 24, 27-A) are non-bailable unless specific conditions are met, notably the permission of the Public Prosecutor ["Raju Kumar VS State of Bihar - Patna"], ["Pranali Yogesjh Karkhandis VS State of Maharashtra - Bombay"], ["Antonio Ramos VS State of Goa - Bombay"].
Main points regarding bail under Sec. 27:
Courts have held that prolonged incarceration infringes on fundamental rights (Article 21), and in some cases, bail is granted if the conditions of Sec. 37 are not satisfied or if the offence is less severe ["Antonio Ramos VS State of Goa - Bombay"], ["MAHEEN Vs STATE OF KERALA - Kerala"].
Analysis and Conclusion:
References:- Raju Kumar VS State of Bihar - Patna: Discusses that offences under Sec. 27 may be punishable with imprisonment up to six months or fine, and that the NDPS Act does not explicitly make all Sec. 27 offences non-bailable.- Antonio Ramos VS State of Goa - Bombay & Pranali Yogesjh Karkhandis VS State of Maharashtra - Bombay: Clarify that Sec. 37 of the NDPS Act restricts bail for offences involving commercial quantities, but if the offence is less severe or the conditions are not met, bail can be granted.- MAHEEN Vs STATE OF KERALA - Kerala & KRISHNAJ vs STATE OF KERALA - 2024 Supreme(Online)(Ker) 61292: Highlight the importance of Sec. 37 in bail considerations, especially for offences involving commercial quantities, and the courts' approach in balancing statutory restrictions with fundamental rights.
Navigating bail applications under the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985, can be complex due to its stringent provisions. One common query arises: What is the Statutory Period in which the Accused is Entitled to Get Bail under the NDPS Act? This question often centers on specific sections like Section 27, where bailability plays a crucial role. While the NDPS Act imposes restrictions via Section 37, certain offences remain bailable as per the Code of Criminal Procedure (CrPC). This post breaks down the legal framework, court interpretations, and practical insights to help you understand your rights—note: this is general information, not specific legal advice. Consult a qualified lawyer for your case.
The NDPS Act aims to curb drug trafficking and abuse, making most offences cognizable and non-bailable under Section 37. This section states: notwithstanding anything contained in the Code of Criminal Procedure, 1973... offences are cognizable, and bail is restricted for serious cases. Specifically, for offences under Sections 19, 24, 27A, or those involving commercial quantities, bail requires:- Opportunity for the Public Prosecutor to oppose.- Reasonable grounds to believe the accused is not guilty.- Satisfaction that the accused won't commit further offences. Johnson Richard VS State of Goa - 2023 Supreme(Bom) 1808
Section 37 of the NDPS Act provides that no person accused of offence punishable for offences under Sec. 19 or Sec. 24 or Sec. 27-A and also for offences involving commercial quantity shall be released on bail... Johnson Richard VS State of Goa - 2023 Supreme(Bom) 1808
However, not all NDPS offences fall under these rigors. The CrPC Schedule determines bailability based on punishment severity, overriding general NDPS declarations for certain cases.
Yes, offences under Section 27 are generally bailable. Section 27 punishes consumption of certain drugs with imprisonment up to one year, or two years for repeat offenders, or fines—typically less than three years. This aligns with the third entry in the Schedule to the CrPC, classifying such offences as bailable. Stefan Mueller VS State of Maharashtra Through Senior Inspector of Police - Bombay (2010)
Offences under Sections 20(b)(ii)(A) and Section 27 are punishable with imprisonment for less than 3 years or with fine, which falls under the third entry in the Schedule to the Cr.P.C. indicating they are bailable. Stefan Mueller VS State of Maharashtra Through Senior Inspector of Police - Bombay (2010)
Courts have upheld this: The courts have consistently held that offences under Section 27 are bailable because they are punishable with imprisonment for less than 3 years' imprisonment or with fine only, aligning with the Schedule's third entry. Stefan Mueller VS State of Maharashtra Through Senior Inspector of Police - Bombay (2010)
In bailable offences, the accused is entitled to bail as a matter of right under CrPC Section 436, typically without a fixed statutory period beyond prompt police station grant or court application. Unlike non-bailable cases with twin conditions under Section 37, Section 27 allows straightforward bail unless exceptional circumstances exist.
Recommendation: When dealing with bail applications under Section 27 of the NDPS Act, it should be noted that the offence is inherently bailable, and the court is likely to grant bail unless exceptional circumstances are present. Stefan Mueller VS State of Maharashtra Through Senior Inspector of Police - Bombay (2010)
For context, many NDPS cases involve commercial quantities or Sections like 20, 21, 22, making them non-bailable. Bail requires satisfying the twin test:- Reasonable grounds for innocence.- Unlikelihood of reoffending. State of Kerala VS Muhammed Musthafa Palakkal - 2020 Supreme(Ker) 894
In one case, bail was denied for 575 grams of heroin (commercial quantity): Section 37 of the NDPS Act makes the offences under the NDPS Act cognisable and non-bailable. Edwin Emeka Igbokwe VS Narcotics Control Bureau - 2021 Supreme(Del) 2214
Another ruling emphasized: The twin conditions mentioned in sub-clause (ii) of Clause (b) of sub-section (1) of S.37 of the NDPS Act are to be satisfied before granting bail... involving commercial quantity. State of Kerala VS Muhammed Musthafa Palakkal - 2020 Supreme(Ker) 894
Even delays in CFSL reports don't automatically grant bail if Section 37 applies: The absence of this report was argued as a basis for bail, but the court upheld the statutory embargo under Section 37. (From case on 40g MDMA, 60g Heroin). Courts directed expedition but rejected bail. Johnson Richard VS State of Goa - 2023 Supreme(Bom) 1808
Repeat offenders face stricter scrutiny: Bail under NDPS Act is limited by Section 37, particularly for repeat offenders with multiple NDPS cases. HUMAYOON Vs STATE OF KERALA - 2021 Supreme(Online)(KER) 14766
In a case under Sections 20, 29, 27A, bail was granted due to lack of prima facie evidence and no NDPS antecedents: The link necessary to establish a prima facie case against the applicant was absent. Suraj @ Surya Dinesh Malviya VS State Of Maharashtra - 2022 Supreme(Bom) 1216
Similarly: Prima facie, there is nothing on record to establish that the petitioner has committed the offence under Sec.27(A)... The rigour under Section 37... stands diluted. Bail allowed for lack of evidence. KRISHNAJ vs STATE OF KERALA - 2024 Supreme(Online)(KER) 48543
Conversely, for commercial ganja: The quantity... cannot be said to fall in the category of non-commercial quantity... conditions for granting bail under Section 37... not satisfied. Bail dismissed. Ashok Kumar VS State of Haryana - 2021 Supreme(P&H) 212
In heroin smuggling: The petitioner failed to satisfy the twin-test stipulated under Section 37. Naseeb Singh VS State Of Punjab - 2020 Supreme(P&H) 1819
These illustrate that while Section 27 is bailable, associated serious charges (e.g., 27A financing) trigger Section 37. DINESH BISWAS @ DINESH KUMAR vs STATE OF ODISHA - 2025 Supreme(Online)(Ori) 3051
No explicit statutory period like 90/180 days exists under NDPS for automatic bail (unlike some terror laws). For bailable offences like Section 27:- Police station bail: Immediate under CrPC Section 436.- Court bail: On application, typically prompt.
For non-bailable, Section 37 timelines depend on hearing, but courts direct expedition: e.g., CFSL authority... expedite... within three months. Prolonged custody alone isn't sufficient if twin conditions unmet. Johnson Richard VS State of Goa - 2023 Supreme(Bom) 1808
Length of custody alone is not a ground for granting bail in cases involving non-bailable offences under the NDPS Act. Ashok Kumar VS State of Haryana - 2021 Supreme(P&H) 212
Always file promptly; courts prioritize NDPS trials.
Facing an NDPS charge? Seek expert advice immediately. This overview draws from legal documents but isn't exhaustive.
Disclaimer: This post provides general insights based on reported cases. Laws evolve; professional consultation is essential.
#NDPSBail, #Section27NDPS, #DrugLawIndia
The offences under Section 20(b) (ii) (A) and Sec. 27 are such offences as they are punishable with imprisonment which may extend to six months or with fine. ... 27. ... In the instant case, as discussed hereinbefore, as the NDPS Act, 1985 does not provide specifically that all the offences under the said Act shall be non-bailable, hence, the question as to which of th....
. 37(1)(b)(ii) of the NDPS Act.' ... The prolonged incarceration, generally militates against the most precious fundamental right guaranteed under Article 21 of the Constitution and in such a situation, the conditional liberty must override the statutory embargo created under Sec. 27(1)(b)(ii) of the NDPS Act.' ... As regard to the twin conditions contained in Sec. 37 o....
Sec. 37 of the NDPS Act provides that no person accused of offence punishable for offences under sec. 19 or Sec. 24 or Sec. 27-A and also for offences involving commercial quantity shall be released on bail or on bond unless the Public Prosecutor is given opportunity to oppose the application for such ... In view of Sec. 37 of the NDPS#HL_END....
Sec. 37 of the NDPS Act provides that no person accused of offence punishable for offences under Sec. 19 or Sec. 24 or Sec. 27-A and also for offences involving commercial quantity shall be released on bail or on bond unless the Public Prosecutor is given opportunity to oppose the application for such ... In view of Sec. 37 of the NDPS#HL_END....
NDPS Act & Sec.77 of JJ Act, 1573/2018 u/s 447, 323, 324, 506 IPC, 127/2020 u/s 341, 323, 324, 201, 34 IPC & Sec.27 of Arms Act, 2013/2019 u/s 118(i) of KP Act and Sec.6 r/w 24 of COTPA Act and 379/21 u/s 27 of NDPS Act of Kayamkulam Police Station. ... I feel tha....
Grant or refusal of bail in NDPS case involving commercial quantity is governed by Section 37 of NDPS Act and 37(1)(b) of NDPS Act prescribes that no person accused of an offence punishable for offences under sec. 19 or Sec.24 or Sec. 27-A and also for offences ... . 37 of NDPS Act. ... (ii) 8 of....
5) Peechi Police Station Crime No.242/18 registered under Sec.27 of NDPS Act. 2) Mannuthy PS Cr.111/19 registered under Sec.77 of JJ Act. ... 3) Palakkad Town Circle Cr. 9/18 registered under Secs.20(B)(II)B of NDPS Act. ... The above case is registered against the petitioner alleging offences punishable under Secs. 22(b) and 20 (b)ii(A) of the #HL_S....
The applicant has been arraigned for the offence punishable under Ss. 20, 29 and 27-A of the Narcotic Drugs and Psychotropic Substances Act, 1985 (for short "the NDPS Act") in Crime No.307 of 2020. The incident is dtd. 21/7/2020. ... The other instance is the statement under Sec. 27 of the Indian Evidence Act of the above accused No.1, which states, t....
However, other than for the above assertion, prima facie, there is nothing on record to establish that the petitioner has committed the offence under Sec.27(A) of the NDPS Act. 10. ... (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). ... He failed to file a report before the jurisdictional Court for enlargement of time to complete t....
However, other than for the above assertion, prima facie, there is nothing on record to establish that the petitioner has committed the offence under Sec.27(A) of the NDPS Act. 10. ... (A) of the Narcotic Drugs and Psychotropic Substances Act, 1985 (in short, ‘the Act’). ... He failed to file a report before the jurisdictional Court for enlargement of time to complete t....
There must be substantial probable causes for believing that the accused is not guilty and the probable causes must be apparent on the face of record and should not be of such nature as are deductible by critical appreciation of offences.” In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 that in addition to the limitations provided under the Cr.P.C. or any other law for the time being in force, regulating the grant of bail, its liberal....
11. Section 37 of the NDPS Act, which legislates the offences under the NDPS Act to be cognizable and non bailable and embodies the limitations on grant of bail for the specified offences, reads as under:-
The quantity of heroin recovered in the case is 575 grams of heroin which is a commercial quantity. Section 37 of the NDPS Act makes the offences under the NDPS Act cognisable and non-bailable.
If the Public Prosecutor opposes the application, in order to enlarge on bail of any person accused of having committed the offence involving commercial quantity, the twin conditions mentioned in sub-clause (ii) of Clause (b) of sub-section (1) of S.37 of the NDPS Act are to be satisfied. It appears from the provisions of S.37 of the NDPS Act that in an accusation of having committed an offence involving commercial quantity, it is the mandate that the Public Prosecutor must be granted an oppor....
(a) every offence punishable under this Act shall be cognizable; 7. Before proceeding further, it is relevant to extract the provisions of Section 37 of the NDPS Act and the same read as under:- (1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), Section 37 of the NDPS Act - Offences to be cognizable and non-bailable.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
