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Whether Limitations Envisaged by Section 37 of the NDPS Act are Attracted, while Granting Bail in Case of Ganja

By Naveen Thakur

Published In

Cri LJ 1999

One of the most important questions relating to bail, in case of recovery of Ganja, is whether the Courts are bound by the limitations envisaged by Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985(hereinafter referred to as “the Act”), while granting bail. The main problem lies in the interpretation of the words ‘five years or more’, occurring in Section 37 and the words ‘extend to five years’, as they appear in Section 20(b)(i) of the Act. The question is whether the expression ‘five years or more’ includes those offences also, which have a maximum imprisonment of five years, and, therefore it includes offence under Section 20 (b)(i) having imprisonment which may extend to five years or it includes only those offences for which the minimum imprisonment is ‘five years’? The question has become all the more confusing because, of the fact, that there is no judgment of the Hon’ble Supreme Co ....

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