Practice area

Bail in NDPS cases

Regular and anticipatory bail in NDPS matters, including cases governed by the twin conditions of Section 37.

The NDPS Act sets a stricter standard for bail in some cases. Whether the quantity involved is small, intermediate or commercial decides which standard applies, so the first step is to examine the seizure memo, the weight and the notified quantity tables.

What this work involves

• Classifying the case by substance and quantity, and identifying the applicable standard
• Applications for bail before the Special Court, the Sessions Court and the High Court of Karnataka
• Anticipatory bail, where the offence and the facts permit
• Arguments on non-compliance with mandatory procedure that affect the prima facie case
• Applications based on the period of custody and the progress of the trial
• Modification of bail conditions

Section 37

For offences involving commercial quantity, and certain other offences, Section 37 requires the court to give the Public Prosecutor an opportunity to oppose and to be satisfied that there are reasonable grounds for believing the accused is not guilty and is not likely to commit an offence while on bail. These cases demand careful preparation from the first application.

Read the explainer: Section 37 and bail in commercial-quantity cases.

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