Evolution Of Bail Jurisprudence Under The NDPS Act: A Critical Analysis Of Section 37 Of The NDPS Act Vis-À-Vis Landmark Supreme Court Judgments
- IJLLR Journal
- 4 days ago
- 2 min read
Mr. Laksh Tuli, Amity Institute of Advanced Legal Studies, Amity University, Noida
ABSTRACT
Judicial interpretation has been used to develop the jurisprudence of bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 especially concerning Section 37 of the Act where it has put strict requirements to allow bail to be granted on a case concerning commercial quantity of narcotic drugs. Section 37 also brings in the concept of the twin conditions of bail which greatly limits the discretion of the judicial system and provides a hard time getting bail. This paper is analytical in its study of the development of bail jurisprudence under the NDPS Act by reviewing case landmark Supreme Court decisions. It examines the interpretation of the judiciary in relation to the criterion of reasonable grounds and the trade-off between individual freedom in the provisions of Article 21 of the Constitution and the social concern on stopping drug trafficking. This paper also assesses the constitutional issues, problem of long imprisonment, presumption of innocence, and the change in judicial interpretative philosophy to a more rights-focused one in extraordinary circumstances. It is concluded as the study points out that though Section 37 is still a strict practice, the Supreme Court has over the years evolved to have an intermediate approach in order to ensure that the limitations of the NDPS Act do not lead to unwarranted denial of personal liberty thus forming part of the burgeoning jurisprudence of bails in India.
Keywords: NDPS Act, Section 37 NDPS Act, Bail Jurisprudence, Twin Conditions, Commercial Quantity, Article 21, Personal Liberty, Supreme Court Judgments, Narcotics Law, Criminal Justice System, Prolonged Incarceration, Presumption of Innocence, Reasonable Grounds, Constitutional Liberty, Drug Offences, Bail Restrictions
