Restrictions on bail in NDPS cases not applicable to constitutional courts: Allahabad High Court

The Allahabad High Court ruled in Vimal Rajput v. State of Uttar Pradesh that Section 37 of the NDPS Act, restricting bail in narcotic cases, doesn't apply to constitutional courts. Justice Subhash Vidyarthi held that the restrictions are for trial courts, not High Courts or the Supreme Court. \r

The court noted a proviso in Section 36A mistakenly placed, indicating the intent to safeguard High Courts' bail powers. Correcting this, the court interpreted Sections 36A and 37 together. Consequently, it granted bail to an accused possessing charas, considering procedural flaws in seizure and the accused's clean record. \r

The court opined no likelihood of repeat offense, given the accused's detention since January 28, 2024.