In the 1970s, the Supreme Court held that bail was the rule and jail the exception, while implementing the right to life and liberty guaranteed by Article 21 of the Constitution. Explain that 439 of the Code of Criminal Procedure (CrPC) allow bail to the accused. But the rules are stricter in the case of drugs.
Drugs related matters are dealt with under the Narcotic Drugs and Psychotropic Substances (NDPS) Act 1985. The cultivation, consumption, transaction, sale, etc. of drugs are considered offenses under the NDPS Act. Under this law, the punishment ranges from sending the convict from the rehabilitation center to jail, imprisonment up to one year and fine.
Section 37 of the NDPS Act deals with granting bail to an accused arrested in a drugs case. To understand it in simple language, it is the responsibility of the accused to prove his innocence. But if the police or the people of Narcotics Control Bureau tell the court that granting bail can hinder the investigation, then release is difficult. Something similar is happening in the Mumbai drugs case in which 20 people, including the son of Bollywood actor Aryan Khan, are in custody since October 3.
On 22 September 2021, the Supreme Court overturned a decision of the Allahabad High Court which granted bail to the accused under the NDPS Act. The Supreme Court had held that under the Narcotic Drugs and Psychotropic Substances Act, an accused cannot be granted bail merely on the ground that the accused was not in possession of drugs.