Section 37 of The NDPS Act III

Posted on by Rudrajyoti Nath Ray

Court expressed in Shaheen Welfare Association v. Union of India, (2009) 2 SCC 281 when stringent provisions are enacted, curtailing provisions of bail and restricting judicial discretion, investigation and trials would be concluded swiftly. Satender Kumar Antil v. Central Bureau of Investigation (2022) 10 SCC 51 considered correct approach towards bail, with respect to several enactments including Section 37 of The Narcotic Drugs and Psychotropic Substances Act, 1985.

A plain and literal interpretation of Section 37 would effectively exclude grant of bail altogether. Grant of bail on ground of undue delay in trial cannot be said to be fettered by Section 37.

– Hon’ble Justice S. Ravindra Bhat, Mohd. Muslim v. State of NCT of Delhi, [Special Leave Petition (Criminal) No. 915 of 2023].

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