The short answer
Bail under the Narcotic Drugs and Psychotropic Substances Act, 1985 turns on the quantity seized. For small and intermediate quantities the ordinary bail law applies. For commercial quantity, Section 37 allows bail only if the court has reasonable grounds to believe the accused is not guilty and is unlikely to commit an offence while on bail.
- Stricter bail test
- Section 37: commercial quantity and offences under Sections 19, 24 and 27A
- Charge sheet period
- 180 days, extendable up to one year under Section 36A(4)
- Trial court
- Special Court
- Quantities
- Notified substance by substance by the Central Government
What are small and commercial quantities?
The Central Government has notified a small and a commercial quantity for each drug. Anything in between is called an intermediate quantity. Some common entries:
| Substance | Small quantity | Commercial quantity |
|---|---|---|
| Ganja | 1 kg | 20 kg |
| Charas | 100 g | 1 kg |
| Opium | 25 g | 2.5 kg |
| Heroin | 5 g | 250 g |
| Cocaine | 2 g | 100 g |
Punishment follows the same scale: up to one year for a small quantity, up to ten years for an intermediate quantity, and ten to twenty years with a fine of one to two lakh rupees for a commercial quantity.
What are the twin conditions under Section 37?
Where the accusation involves a commercial quantity, or an offence under Section 19, 24 or 27A, the court can grant bail only if:
- the public prosecutor has been given an opportunity to oppose the application; and
- the court is satisfied that there are reasonable grounds for believing that the accused is not guilty of the offence and is not likely to commit any offence while on bail.
These conditions apply in addition to the ordinary considerations for bail.
When does default bail arise?
Section 36A(4) gives the investigating agency 180 days to file the charge sheet for offences punishable under Sections 19, 24 and 27A and for commercial quantity. The Special Court may extend this up to one year on a report of the public prosecutor showing the progress of the investigation and specific reasons for further detention. If the charge sheet is not filed in time, the accused acquires a right to bail, provided the application is made before the charge sheet is filed.
Which procedural safeguards matter most?
- Section 42: prior information about a search of a building or enclosed place must be recorded in writing and sent to a superior officer.
- Section 50: before a personal search the person must be told of the right to be searched before a Gazetted Officer or a Magistrate.
- Section 52A: seized substances are to be inventoried and sampled before a Magistrate.
- Section 67 statements: after Tofan Singh v. State of Tamil Nadu (2020) a confessional statement made to an NDPS officer cannot be used as a confession.
Lapses on these points are often the substance of a bail application and of the defence at trial.
Sources
- Narcotic Drugs and Psychotropic Substances Act, 1985, Sections 36A, 37, 42, 50, 52A and 67
- Notification S.O. 1055(E) dated 19 October 2001 (small and commercial quantities)
- Tofan Singh v. State of Tamil Nadu, (2021) 4 SCC 1
This guide states the general legal position in India as on 14 November 2026. It is not legal advice. Time limits and outcomes depend on the facts and on later amendments and judgments. See the disclaimer, and read more on the firm's NDPS Cases practice.