Lawstreet Journal

Bombay HC States That All NDPS Offences Are Non-Bailable, Quantity Does Not Matter [READ ORDER]

Lawstreet Journal 9 Oct 2020 9:01pm

Image courtesy: Lawstreet Journal Judiciary Bombay HC States That All NDPS Offences Are Non-Bailable, Quantity Does Not Matter [READ ORDER]

While granting bail to Bollywood actress Rhea Chakraborty, the Bombay HC held that any offence under the Narcotics Drugs and Psychotropic Substances (NDPS) Act, 1985 are non-bailable. This pronouncement was made in light of the case of Rhea Chakraborty v Union of India. The HC rejected the contention made by the counsel for Chakraborty and others accused that an offence that involved minuscule quantities of contraband are bailable under the NDPS Act, 1985.

The court also stated that Section 37 of the Act read that any offence under the Act was not bailable. There was no scope for interpretation regarding the quantity of the substance. Section 37 of the Act reads, “offences to be cognizable and non-bailable”

Justice Kotwal said, “Section 37 makes all the offences under the Act to be cognizable and non-bailable and also lays down stringent conditions for grant of bail, the SC observed in Baldev Singh. The situation has not changed since 1999 when these observations were made by the Hon'ble Supreme Court. In fact, the situation has become worse. Therefore, these observations apply to today's scenario with more force”.

Justice Kotwal noted that all offences, except offences laid down in Sections 26,27, and 32 were non-bailable as per the schedule of CrPC, 1973. The court further stated, “the amendment to Section 37 in the year 1989 and then in the year 2001 will not be affected by the concept of "small quantity".

The counsel cited the Baldev Singh case and said due to another amendment being carried out of… Continue Reading...

Tagged: Sushant Singh Rajput  
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