Legal World

Section 37 NDPS Act — Offences to be cognizable and non -bailable

The Narcotic Drugs and Psychotropic Substances Act, 1985 · Official PDF page 24

Open in NyayaOfficial PDF, page 24

2[37. Offences to be cognizable and non -bailable.—(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),—

(a) every offence punishable under this Act shall be cognizable;

(b) no person accused of an offence punishable for 3[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on b ail or on his own bond unless—

(i) the Public Prosecutor has been given an opportunity to oppose the application fo r such release, and

(ii) where the Publi c Prosecutor opposes the appli cation, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.

(2) The limitations on granting of bail specified in clause ( b) of sub -section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force on granting of bail.].

Text extracted from the official PDF (India Code source copy; publisher last-update label: 3-1-2022). Line breaks and footnote marks may differ; the PDF is the authority.

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