NDPS Act Matters

Section 37 of NDPS Act 1985 establishes strict rules to prevent misuse of narcotic drugs and psychotropic substances across India.

Section 37 of NDPS Act 1985

Introduction to Section 37 of NDPS Act, 1985

The Section 37 of NDPS Act, 1985 restricts courts from granting bail easily in cases involving serious narcotic or psychotropic offences.

Lawmakers designed this provision to strengthen enforcement and discourage habitual offenders from misusing bail privileges under drug-control legislation.

Courts apply Section 37 cautiously to balance individual liberty with collective security and the nation’s fight against narcotic trafficking.

Essential Conditions for Grant of Bail under Section 37

Section 37 directs courts to examine specific statutory conditions before granting bail to any accused under the NDPS framework.
Judges must first find reasonable grounds showing that the accused is not guilty of the alleged narcotic offence.
They must also remain satisfied that the accused is unlikely to commit another offence while released on bail.
Courts deny bail immediately if either condition remains unfulfilled because Section 37 makes compliance mandatory and absolute.
This strict approach ensures that only genuinely deserving individuals obtain bail after complete judicial satisfaction of statutory prerequisites.

Judicial Interpretation of Section 37 of NDPS Act

Courts Release Accused Only When Section 37 Conditions Are Fulfilled

The Supreme Court in Sushanta Kumar Banik Vs. State of Tripura and Others, 2022 SCC OnLine SC 1333 clarified bail restrictions.
The Court emphasized that judges may release an accused under the NDPS Act only after satisfying both Section 37 conditions completely.
Granting bail despite statutory barriers suggests that the trial court failed to find a prima facie narcotic offence against the accused.
The judgment observed that such findings could influence detaining authorities while deciding preventive-detention matters against the same person.
The Court reaffirmed that every bail order under the NDPS Act must strictly conform to Section 37 requirements without relaxation.

Wrong Invocation of Section 37 in Ragini Dwivedi Case

In Ragini Dwivedi Vs. State of Karnataka, LL 2021 SC 38, the Supreme Court corrected misapplication of Section 37 by lower courts.
Police arrested actress Ragini Dwivedi for allegedly consuming and distributing drugs at social events organized by her.
The Supreme Court held that the Sessions Court and Karnataka High Court wrongly invoked Section 37 during her bail consideration.
The Court ruled that judges must verify whether allegations actually involve commercial quantity before applying Section 37’s stringent bar.
If the alleged offence falls outside commercial-quantity limits, Section 37 cannot restrict bail, preserving fairness and judicial consistency.

Tests for Grant or Refusal of Bail under Section 37

In Union of India Vs. Mohd. Nawaz Khan, LL 2021 SC 489, the Supreme Court explained tests governing bail decisions under Section 37.
The Court declared that absence of physical possession alone does not justify bail under the NDPS Act’s strict provisions.
Judges must analyze entire evidence carefully and determine whether reasonable grounds exist showing the accused did not commit the offence.
They must also ensure the accused is unlikely to reoffend while on bail, protecting society from recurring drug crimes.
This approach maintains the NDPS Act’s deterrent purpose while respecting constitutional liberty under well-defined judicial scrutiny.

The NDPS Act matter advocate in Delhi has to update with the latest ruling and relevant procedural provisions before filing bail application.

Significance of Section 37 in NDPS Law

Section 37 creates a vital safeguard against reckless bail orders that could weaken India’s war against drug trafficking.

It empowers courts to deny bail unless the accused demonstrates innocence and reliable conduct after release.

By imposing twin conditions, Section 37 upholds legislative intent and prevents habitual offenders from exploiting procedural leniency.

The provision strengthens public confidence in judicial integrity while ensuring fair trials for accused individuals under the NDPS framework.

As we know that section 8 of NDPS Act prohibits cultivation, production, possession, sale, transport and import-export of narcotic drugs and psychotropic substances without medical license.

Frequently Asked Questions (FAQs)

Q1. What is Section 37 of NDPS Act, 1985?

Section 37 restricts bail in NDPS Act 1985 cases and requires courts to satisfy twin conditions before granting release to any accused.

Q2. When can a court grant bail under Section 37?

Courts may grant bail only when they believe the accused is not guilty and will not reoffend while released.

Q3. What did the Supreme Court decide in Sushanta Kumar Banik case?

The Court ruled that granting bail without fulfilling Section 37’s conditions violates statutory requirements and weakens the NDPS framework.

Q4. Why was Ragini Dwivedi granted bail by the Supreme Court?

The Court found Section 37 was wrongly applied because her alleged acts did not involve commercial-quantity narcotics.

Q5. What tests govern bail under Section 37 of NDPS Act?

Courts must confirm reasonable grounds of innocence and ensure the accused will not commit another offence after release.