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Quick Answer
Section 37 NDPS imposes the most stringent bail conditions in Indian criminal law. For commercial-quantity offences (specified in the Schedule), bail is permissible only if (i) the public prosecutor has opportunity to oppose; and (ii) where opposed, the court is satisfied that there are reasonable grounds for believing the accused not guilty AND not likely to commit any offence on bail. The Supreme Court in Mohammed Yousuf Rather v. State of J&K (2023) reiterated that Section 37 is to be strictly applied. Result: NDPS commercial-quantity bails are difficult and often pursued through quashing or trial-stage acquittal rather than bail.
Statutory reference
Section 37 NDPS Act 1985
Related practice areas
Provision in the Narcotic Drugs and Psychotropic Substances Act 1985 imposing twin conditions for bail in commercial-quantity offences: reasonable grounds for believing not guilty + not likely to commit offence on bail.
NDPS Act Section 37 is governed by Section 37 NDPS Act 1985. Section 37 NDPS imposes the most stringent bail conditions in Indian criminal law. For commercial-quantity offences (specified in the Schedule), bail is permissible only if (i) the public prosecutor has opportunity to oppose; and (ii) where opposed, the court is satisfied that there are reasonable grounds for believing the accused not guilty AND not likely to commit any offence on bail. The Supreme Court in Mohammed Yousuf Rather v. State of J&K (2023) reiterated that Section 37 is to be strictly applied. Result: NDPS commercial-quantity bails are difficult and often pursued through quashing or trial-stage acquittal rather than bail.
NDPS Act Section 37 falls under NDPS Cases, Criminal Law. NyaySevak matches you with a Bar-Council-verified advocate in the relevant practice area — the first consultation is free.