Restrictions On Grant Of Bail U/S 37 NDPS Act Do Not Apply To Constitutional Courts: Allahabad High Court

The Allahabad High Court clarified that Section 37 of the NDPS Act, which restricts bail in NDPS cases, doesn't apply to Constitutional Courts. It noted that a provision in Section 36A(3) of the NDPS Act safeguards the High Court's bail-granting powers under Section 439 of CrPC. Referring to a "copy-paste" error in the Act, it harmoniously interpreted Sections 36-A and 37. \r

The Court scrutinized a bail plea by Vimal Rajput, accused under the NDPS Act. It found procedural lapses in his case and granted bail, considering his lack of prior criminal record and prolonged incarceration since January 2024.