Home / Legal Explainers / Health & Environment / Public Health / Drugs & Narcotics / Bail for using Drugs

Bail for using Drugs

Last updated on Jun 16, 2022

Trigger Warning: The following content contains information on drugs and narcotics which some readers may find disturbing. 

Crimes committed in relation to drugs and substances are all cognisable in nature. This means that the police do not need a warrant from a Magistrate to make an arrest. 

If the crime committed is for a small quantity or less than the commercial quantity of drugs or substances, you can apply for bail directly from the police and the same will be granted to you. It may be contingent on furnishing a personal or other bond. 

Crimes committed for a commercial quantity of drugs or substances are considered non-bailable under law. This does not mean that you will not get bail. You can apply in court and the same will depend on the judge’s discretion. You cannot ask for it as a matter of right.

How useful was this post?

Click on a star to rate it!

Average rating 3.9 / 5. Vote count: 8

No votes so far! Be the first to rate this post.

Please share your feedback about this post!

Sharing feedback will help us improve our content. Tell us how!

If you want to keep your feedback confidential, please mention it in your feedback. If you have a question, please ask us in the comments or Ask Nyaaya sections.

Leave a Reply

Your email address will not be published. Required fields are marked *

Have a question you want to ask our legal experts?

Ask Nyaaya

Related Resources

Powers of police and authorities – Search, Seize and Arrest

Police officers have wide powers to search and arrest people in drug-related crimes and in many cases, without a warrant.

Government’s efforts for controlling drug abuse

The Central government has different schemes and centres for prevention of drug abuse as well as for the rehabilitation of addicts.

Consuming Drugs

Consuming banned drugs and substances is illegal in India and the punishment for this includes jail time  and/or fine. 

Immunity for addicts volunteering for treatment

If a convict in a drug-related crime for a small quantity, volunteers to undergo treatment for de-addiction, s/he will not be prosecuted.

Diazepam

The sale, manufacture, production, consumption or possession of Diazepam is punishable by jail time up to 20 years or a fine of up to 2 lakh.

Amphetamine

The punishment for Amphetamine (psychotropic substances) related crimes is proportional to the quantity that you are caught with.