1[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 1[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless–
(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor opposes the application, 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.].
1. Subs. by Act 2 of 1989, s. 12, for section 37 (w.e.f. 29-5-1989).
2. Subs. by Act 9 of 2001, s. 17, for “a term of imprisonment of five years or more under this Act” (w.e.f. 2-10-2001).
Simplified Explanation
Key Provisions:
- Cognizable Offences: All offences under the Narcotic Drugs and Psychotropic Substances Act are classified as cognizable offences. This means that the police can arrest the accused without a warrant and initiate an investigation without the permission of a court.
- Non-Bailable Offences:
- Persons accused of certain serious offences under this Act (specifically, offences under sections 19, 24, or 27A, and those involving commercial quantities of narcotic drugs or psychotropic substances) cannot be granted bail easily.
- Bail may be granted only under specific conditions:
- The Public Prosecutor must be given a chance to oppose the bail application.
- If the prosecutor opposes, the court must be satisfied that:
- There are reasonable grounds to believe that the accused is not guilty of the offence.
- The accused is not likely to commit any further offences while on bail.
- Additional Limitations on Bail: The conditions for granting bail in this section are in addition to the regular limitations already provided in the Criminal Procedure Code (CrPC) or any other law that governs bail.
Simplified Explanation:
- Cognizable Offences: The police can arrest the accused without a warrant for offences under this Act and start investigating right away.
- Non-Bailable: For serious crimes involving narcotics, the accused cannot be released on bail easily. The Public Prosecutor must have a chance to oppose bail, and the court will only grant it if it is satisfied that the accused is unlikely to reoffend and may not be guilty.
- Extra Bail Restrictions: These bail rules add to the normal rules under the CrPC.
