Statutory Bail under Sec. 167(2) of the Criminal Procedure Code, 1973 vis-a-vis the Provisions of the NDPS Act, 1985: An Analysis

Section 51 of the NDPS Act, 1985 (hereinafter referred to as the Act) categorically lays down that the provisions of the Code of Criminal Procedure, 1973 (hereinafter referred to the Code) shall apply, insofar as they are not inconsistent with the provisions of the Act, to all warrants issued and arrests, searches & seizures made under the provisions of the Act. Further, in terms of s36C of the Act, the provisions of the Code including the provisions as to bail and bonds shall apply to the proceedings. Accordingly, the statutory bail, also commonly known as default bail, in terms of s167(2) of the Code is applicable to cases booked under the Act.