Bail in NDPS Cases: A Legal Tightrope

Bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS) is a legal minefield. Section 37 makes it abundantly clear—if the alleged offense involves commercial quantities, bail is an uphill battle. The twin conditions require courts to be satisfied that (i) the accused is not guilty of the offense, and (ii) they are unlikely to commit any offense while on bail. SC precedents (e.g., Union of India v. Shiv Shanker Kesari, 2007) reinforce that bail isn’t just difficult—it’s almost an exception unless the accused can poke significant holes in the prosecution’s case. However, courts have granted relief in cases of procedural lapses, delayed trials, and lack of prima facie evidence (Tofan Singh v. State of Tamil Nadu, 2020). With the judiciary balancing individual liberty against public interest, NDPS bail jurisprudence remains a battleground of statutory rigidity and judicial discretion.