Quantity decides the route
- Small quantity: the offence carries a lower punishment and bail is generally easier to obtain.
- Intermediate quantity (more than small, less than commercial): non-bailable, but the strict conditions of Section 37 do not apply to it, so ordinary bail principles are used.
- Commercial quantity: Section 37 of the NDPS Act applies. The court has to be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail.
Points examined in NDPS bail
- How the search and seizure were done, including whether the right under Section 50 to be searched before a gazetted officer or Magistrate was explained in a personal search.
- Sampling, inventory and the role of the Magistrate under Section 52A.
- Whether the quantity was calculated correctly, including the weight of any neutral substance in a mixture.
- The FSL report and how long it took.
Default bail and long custody
In NDPS cases, the period for filing the chargesheet is 180 days, which the Special Court can extend up to one year on the Public Prosecutor's report. If the chargesheet is not filed in time, default bail can be claimed. Separately, the Supreme Court has granted bail in NDPS cases where the accused had spent a long time in custody and the trial was not likely to end soon, even where Section 37 applied.
Send the recovery memo details if you have them: what was recovered, the weight, and where. That decides which category the case falls into.