Liberal Approach In Granting Bail In NDPS Uncalled For, Says SC [Read Judgment]

The Supreme Court has observed that there cannot be liberal approach in the matter of bail in NDPS Cases. The bench of Justice Indu Malhotra and Justice Ajay Rastogi observed that the Court has to record a finding mandated under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the same is a sine qua non for granting bail to the accused under the NDPS. The bench of Justice Indu Malhotra and Justice Ajay Rastogi observed that the Court has to record a finding mandated under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, and the same is a sine qua non for granting bail to the accused under the NDPS Act. The Court was considering the appeal filed by the State of Kerala against a High court order granting post-­arrest bail to the accused respondents without noticing the mandate of Section 37 of the NDPS Act. In the case on hand, the High Court seems to have completely overlooked the underlying object of Section 37 that in addition to the limitations provided under the CrPC, or any other law for the time being in force, regulating the grant of bail, its liberal approach in the matter of bail under the NDPS Act is indeed uncalled for.