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Section 37: Offences to be cognizable and non-bailable.

The Narcotic Drugs and Psychotropic Substances Act, 1985Central Act · Act 61 of 1985

[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 [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.].

Where this provision sits

ActThe Narcotic Drugs and Psychotropic Substances Act, 1985
Section37
Marginal noteOffences to be cognizable and non-bailable.
JurisdictionCentral
StatusIn force as published by the source
Judgments citing it200

How this provision has been amended

Taken from the footnotes printed with the provision by the source. Where a footnote names the amending instrument, it is quoted as printed.

  • substituted, Act 2 of 1989. . Subs. by Act 2 of 1989, s. 12, for section 37 (w.e.f. 29-5-1989).
  • substituted, Act 9 of 2001. . 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).

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