Author: Areeba Ahad

Bail under the NDPS Act: A Critical Analysis Abstract The Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act), is one of India’s most stringent criminal statutes, aimed at combating drug trafficking and abuse through severe penalties and extraordinary procedural requirements. Section 37, which restricts the grant of bail in commercial quantity cases, is the most controversial aspect of this legislation. Unlike the Code of Criminal Procedure, 1973 (CrPC), where the principle is “bail, not jail,” the NDPS Act reverses this principle by creating a presumption against bail. This paper critically examines the legislative framework, judicial interpretation, constitutional challenges, and…