NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court

The Supreme Court has held that the sentence of a person convicted for offences under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act) can be suspended despite the rigours of Section 37 if the convict has undergone long period of incarceration and the likelihood of an early hearing of the criminal appeal was remote.A bench comprising Justice Abhay S Oka and Justice Ujjal Bhuyan made this observation while dismissing an appeal filed by the Narcotics Control Bureau against an order of the High Court suspending the convict's sentence. The convict was sentenced to 10 years of imprisonment for the offence under the Narcotic Drugs and Psychotropic Substances Act (NDPS) Act. The High Court noted that he had undergone a substantial period of incarceration (4.5 years). The NCB argued that the High Court could not have suspended the sentence as the accused had not undergone half of the sentence.Relief of bail can be granted when accused has undergone substantive period despite S.37 rigoursThe NCB argued that the right to bail in NDPS cases is constrained by the rigours of Section 37 of the Act. However, the Court observed that in cases of long incarceration and there is less likelihood of the appeal being heard soon, bail can be granted, despite such statutory rigours."There is no dispute about the fact that the Appellate Court is bound by constraints of Section 37 of the NDPS Act while considering the prayer for the grant of bail during the pendency of an appeal. However, if, in the facts of the case, an accused has undergone a substantial part of the substantive sentence and, considering the pendency of criminal appeals, his appeal is not likely to be heard before the accused undergoes the entire sentence, the Appellate Court can exercise the power of releasing the accused on bail pending the appeal. If the relief of bail is denied in such a factual situation only on the grounds of Section 37 of the NDPS Act, it will amount to the violation of the rights of the accused under Article 21 of the Constitution of India."Also from the judgment - No Rigid Rule That Convict Should Undergo Half Of Sentence For Bail At Appellate Stage : Supreme CourtCase : Narcotics Control Bureau v Lakhwinder SinghCitation : 2025 LiveLaw (SC) 191Click here to read the judgmentRelated - Incarceration Due To Delay In Trial Violates Article 21; Bail Can Be Considered In Such Cases Despite Bar Under NDPS Act : Supreme Court

NDPS Act | Appellate Court Can Grant Bail Despite S.37 If Convict Has Suffered Long Sentence & Appeal's Early Hearing Is Unkilely : Supreme Court

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