STATE OF M.P. vs KAJAD

The Supreme Court held that under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985, offences punishable with imprisonment of five years or more are non-bailable, and bail should only be granted if the Public Prosecutor is given an opportunity to oppose and the court is satisfied of the accused's innocence and non-recidivism. The Court found that the High Court erred in granting bail without a change in circumstances and without adequately addressing the mandatory provisions of the Act. Consequently, the Supreme Court set aside the High Court's bail order, reinforcing the stringent bail provisions under the Act.