The Narcotics Drugs and Psychotropic Substances Act, 1985, was enacted in 1985 to consolidate and amend laws related to narcotic drugs. It includes stringent provisions for controlling and regulating operations involving narcotic drugs and psychotropic substances. The Act categorizes offenses into three categories:

Small Quantity UNDER NDPS ACT:-

According to section 37 of the NDPS Act, 1985, all offenses under the Act are cognizable and non-bailable. This implies that even matters involving small quantities are non-bailable. However, as per Schedule 2 of the Cr.P.C 1973, offenses punishable by up to two years are bailable. There were instances where special courts under the NDPS Act, 1985, refused bail to persons arrested for small quantities by referring to section 37 of the NDPS Act, 1985. For the first time, the Hon’ble Delhi High Court ruled that matters involving small quantities are bailable, regardless of the NDPS Act, 1985, which states that all offenses are cognizable and non-bailable.

Intermediate Quantity (less than commercial) UNDER NDPS ACT:–

For offenses involving intermediate or less than commercial quantities, the stringent provisions of section 37 are not applicable. This category is instead governed by Section 437 of the Code of Criminal Procedure, 1973.