Article At A Glance
- NDPS Act, 1985 imposes strict laws on drug-related offences with limited bail options.
- Section 37 makes bail difficult, especially for commercial quantities of drugs.
- Bail depends on drug quantity and must be filed before the Special NDPS Court.
- Legal errors, long detention, or medical issues can strengthen a bail plea.
The parliament passed a law called the Narcotic Drugs and Psychotropic Substance Act 1985, or NDPS Act. This law aims to punish offenders and control the use of narcotic drugs, psychotropic substances, and controlled substances. The parliament creates a strong law to fight the threat of drug abuse and trafficking by prohibiting the manufacture, distribution, possession, sale, transportation, acquisition, and use of any narcotic drugs and psychotropic substances. This offence is not against an individual; it is against the whole society. But as the law has evolved, some of the Act’s provisions—most particularly Section 37, which governs the granting of bail for offences under the Act—have come under close judicial scrutiny. Narcotic drugs are those which induce sleep and psychotropic substances are those which modify the mind.
Why Is Bail In NDPS Difficult?
According to Section 37, police can arrest without a warrant because all offences covered by the NDPS Act are cognizable. However, the amount of the substance seized affects an individual’s bail. If it is commercial quantity of narcotic drugs then court must be satisfied that:
· There must be some reasonable grounds to prove that accused is not guilty
· The accused is not likely to commit any offence while on bail.
How To Apply Bail Under This Act
CHECK QUANTITY OF DRUG
· SMALL QUANTITY: The standard bail provisions are applicable.
· INTERMEDIATE QUANTITY: The court has discretion.
· COMMERCIAL QUANTITY: Strict provisions under Section 37 will be applicable (harder to get bail)
Additional Read: Key Responsibilities and Expertise of a Criminal Lawyer
Some Common Drugs Quantity Is Mentioned Below:
| Drug | Small Quantity | Commercial Quantity |
| Amphetamine | 2 grams | 50 grams |
| Buprenorphine | 1 gram | 20 grams |
| Charas/Hashish | 100 grams | 1 kilogram |
| Cocaine | 2 grams | 100 grams |
| Codeine | 10 grams | 1 kilogram |
| Ganja (Marijuana) | 1 kilogram | 20 kilograms |
| Heroin | 5 grams | 250 grams |
| LSD | 2 milligrams | 100 milligrams |
| MDMA | 0.5 gram | 10 grams |
| Morphine | 5 grams | 250 grams |
| Opium | 25 grams | 2.5 kilograms |
| Poppy Straw | 1 kilogram | 50 kilograms |
The remaining drugs are listed under the Schedule of the NDPS Act.
Apply For The Bail Before The Right Court
· For less than small quantity, you can apply in the Magistrate’s Court.
· For small, intermediate and commercial quantities, you must approach the Special NDPS Court
And if your bail is rejected, then you need to apply in the High court and then Supreme Court if needed.
Some Common Grounds For Granting Bail
· If there were no direct recovery of drugs from the accused
· If there were legal errors in the investigation (for example, not adhering to Section 50 NDPS, which requires specific steps to be taken when searching).
· If the trial isn’t going on, and the individual who was accused has been in jail for a long time.
· If the accused is facing any severe medical issues.
Need Legal Help with NDPS Bail? Consult Our Expert Advocate Today
If you or someone you know has been arrested under the NDPS Act, getting bail can be tough. This is because of the strict rules in Section 37. Our skilled legal team –focuses on NDPS cases. We help clients at every step of the bail process. This includes checking the amount involved and presenting strong legal reasons in the right court. Contact our office of advocate OR Call at +91-990279988 today for a Drug possession defence consultation. We offer strategic help to protect your rights and get timely relief.