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Section 37 – THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

37. Offences to be cognizable and non-bailable.

 

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 he cognizable;

 

(b) No person accused of an 2[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 No. 2 of 1989, (w.e.f. 29-5-1989).

2. Substituted for “a term of imprisonment of five year or more under this Act” by NDPS (Amendment) Act,

 

 

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THE NARCOTIC DRUGS AND PSYCHOTROPIC SUBSTANCES ACT 1985

 

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