Report No. 268
A. Bail and Narcotics drugs and Psychotropic Substances Act, 1985
8.2 Under the Narcotics Drugs and Psychotropic Substances Act, 1985 (hereinafter NDPS Act), bail is granted based on the seriousness of the offence, quantity of substance abuse, the widespread cases of substance abuse in the country, and the quantum of punishment provided under the Act. (see Table 4 below). In State of Madhya Pradesh v. Kajad182 the court observed that the object with which the NDPS Act was enacted was to curtail the menace of drug trafficking.
A perusal of s. 37 of NDPS Act, 1985 leaves no doubt to the court that a person accused of an offence punishable with imprisonment for five years or more, shall not generally be released on bail. Negation of bail is the rule and its grant is an exception under s. 37 (1) (b) (ii) of the NDPS Act. In serious cases under NDPS Act, the person accused of an offence should not be released on bail, as they are potential threats to the society, and if released, may continue their activity of trafficking intoxicating drugs.183 Law should be interpreted in a manner such that it provides protection to the society from nefarious activities and anti-social elements.184
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