INTELLIGENCE OFFICER, NARCOTICS C. BUREAU vs SAMBHU SONKAR AND ANOTHER

The Supreme Court held that the restrictions under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, do not apply to offences under Section 20(b)(i) for possessing Ganja, as the maximum imprisonment for such offences is five years. The Court overturned the High Court's decision allowing bail, emphasizing that the statutory mandate of Section 37 must be adhered to, which requires stricter conditions for bail in cases with higher penalties. Consequently, the Court ruled that the respondent's bail application should not have been granted by the High Court.