Supreme Court to Examine Constitutional Validity of Section 37 of NDPS Act: Balancing Public Interest and Personal Liberty
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The Supreme Court has issued a notice on a petition challenging the stringent 'twin conditions' for bail under Section 37 of the NDPS Act. The plea argues that these conditions create an insurmountable barrier to liberty and undermine the presumption of innocence.
The Supreme Court of India has recently issued a notice on a plea challenging the constitutional validity of Section 37 of the Narcotic Drugs and Psychotropic Substances (NDPS) Act, 1985. This section outlines stringent 'twin conditions' for granting bail to individuals accused of offences involving commercial quantities of drugs.
Under Section 37(1)(b), bail can only be granted if the court is satisfied that there are 'reasonable grounds for believing that the accused is not guilty of such offence' and that they are 'not likely to commit any offence while on bail.' The petitioner argues that these conditions effectively reverse the burden of proof, forcing the accused to prove their innocence even before the trial commences. This is seen as a potential violation of the fundamental right to a fair trial and the 'presumption of innocence,' which are core components of Article 21 of the Constitution.
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