Q :- Are All Offences Under NDPS Act Non-Bailable Irrespective Of Punishment Prescribed. explain its current legal status.
Ans:- Not all offences under the NDPS Act are non-bailable irrespective of the punishment. Section 37 creates a special, stringent bar to bail only for (i) offences under Sections 19, 24 and 27A, and (ii) offences involving commercial quantity. In these cases, bail can be granted only after giving the Public Prosecutor an opportunity to oppose, and the Court must record satisfaction on the “twin conditions”: there are reasonable grounds to believe the accused is not guilty, and that he is not likely to commit an offence while on bail. For other NDPS offences not covered by Section 37, bailability is generally assessed under the normal BNSS framework, largely by reference to the maximum punishment prescribed, so some such offences can be bailable depending on the provision and facts.
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