Delhi High Court says the rigours of Section 37 NDPS need not apply when the seizure is only marginally above commercial quantity

13 October 2026

Justice Amit Bansal of the Delhi High Court has held that strictly applying the restrictions of Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985 may not be justified where the seized quantity is only marginally above the commercial threshold.
The case is Sunny v. State of NCT of Delhi, Bail Appl. 2008/2026, with the order dated 13 October 2026.
The seizure was 259.3 grams of morphine, against a commercial quantity threshold of 250 grams under the NDPS Act. The FIR was registered under Sections 8 and 21 of the Act.
The Court granted regular bail under Section 483 read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita.
It reasoned that the applicant had been in custody since 6 July 2025, that the investigation was complete, that the chargesheet had been filed and prosecution evidence was about to begin.
The Court relied on Article 21 and on the principle that undue delay in trial can justify bail even under Section 37, and said such cases call for a more nuanced assessment.