Source: Supreme Court 

Why in News? 

The Supreme Court observed that "anticipatory bail is never granted in NDPS cases" while refusing to interfere with the Punjab and Haryana High Court's denial of anticipatory bail to an accused booked under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act). 

• The Supreme Court held this in the matter of Dinesh Chander v. State of Haryana.  

What was the Background of Dinesh Chander v. State of Haryana (2025) Case? 

• The petitioner Dinesh Chander was implicated in a drug trafficking case where his name surfaced in disclosure statements of co-accused persons. 
• The co-accused were found in possession of 60 kgs of Doda Post and 1kg 800 grams of opium, and they named the petitioner as the supplier of the contraband. 
• The petitioner was not named in the original FIR but was subsequently implicated based on disclosure statements of the co-accused. 
• The case involved commercial quantity of contraband, which attracts the stringent provisions of Section 37 of the NDPS Act. 
• The petitioner approached the Punjab and Haryana High Court seeking anticipatory bail, claiming he was falsely implicated and roped in based on disclosure statements. 
• The state opposed the bail plea, contending that custodial interrogation was required to unearth the modus operandi of the drug trafficking network. 

What were the Court's Observations? 

• A bench of Justices Pankaj Mithal and KV Viswanathan observed that "We are not satisfied that any error has been committed by the High Court in refusing anticipatory bail to the petitioner in NDPS Case." 
• The Supreme Court made the oral observation that "Anticipatory bail is never granted in NDPS case", reinforcing the established jurisprudence on drug-related offences. 
• The Court noted that the High Court had correctly identified that the petitioner was specifically named as the supplier by the co-accused during their disclosure statements. 
• The High Court had also found evidence of telephonic conversations between the petitioner and the co-accused, along with bank transactions between them, establishing a prima facie case. 
• The Supreme Court, however, provided an alternative remedy, stating that the petitioner could surrender before the Trial Court and apply for regular bail, which shall be dealt with on its own merits in accordance with law. 
• The Court refused to interfere with the High Court's decision, upholding the stringent approach towards anticipatory bail in NDPS cases. 

What is the NDPS Act, 1985? 

About: 

• The Narcotic Drugs and Psychotropic Substances Act, 1985 is a comprehensive legislation to consolidate and amend the law relating to narcotic drugs and psychotropic substances. 
• The Act aims to prevent and control the cultivation, production, manufacture, possession, sale, purchase, transport, warehousing, use, consumption, import inter-State, export inter-State, import into India, export from India, or transhipment of narcotic drugs and psychotropic substances. 
• The Act classifies quantities of drugs into small quantity, commercial quantity, and intermediate quantity, with different penalties for each category. 
• The Act empowers officers to search and seizure without warrant under certain circumstances and provides for presumptive offences where the burden of proof shifts to the accused. 

Section 37 of NDPS Act: 

• Section 37 of the Act provides special provisions for bail in cases involving narcotic drugs and psychotropic substances, making bail more restrictive than ordinary criminal cases 
• Section 37(1) provides that every offence punishable under this Act shall be cognizable. 
• No person accused of an offence punishable for offences under section 19 or section 24 or section 27A of the Act and also for offences involving commercial quantity shall be released on bail or on his own bond. 
  • Unless the Public Prosecutor has been given an opportunity to oppose the application. 
  • The Court must be satisfied that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail. 
• Section 37(2) states that no person accused of an offence punishable with death, imprisonment for life, or imprisonment for not less than ten years shall be released on bail unless the conditions under Section 37(1) are satisfied. 
  • Section 37(2) of NDPS Act explicitly states that "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 or any other law for the time being in force on granting of bail." 
• The provision applies to both regular bail and anticipatory bail, making it extremely difficult to obtain pre-arrest bail in NDPS cases.