Supreme Court Confirms: No Anticipatory Bail in NDPS Cases

The Supreme Court, in a recent order delivered on July 8, 2025, reaffirmed that anticipatory bail under Section 438 CrPC is not available for offences under the NDPS Act. A bench comprising Justices Pankaj Mithal and K.V. Vishwanathan upheld the Punjab & Haryana High Court’s refusal to grant anticipatory bail to Dinesh Chandra, who was implicated based on disclosure statements linked to the seizure of 60 kg of poppy husk and 1.8 kg of opium.

The apex court observed that the petitioner could still surrender before the trial court and apply for regular bail, which would be considered on its merits. However, it made clear that anticipatory bail is categorically excluded in NDPS cases, especially for offences involving commercial quantities of narcotics.

“Anticipatory bail is never granted in NDPS cases,” the Court emphasized, reinforcing the principle that these offences demand stringent judicial response.


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Date: July 8, 2025

Key Takeaway: NDPS Act offences are explicitly excluded from anticipatory bail—accused must surrender and seek regular bail.
Next Step: Petitioners must apply for bail through the trial court; anticipatory applications are not permitted.