Legal update
Published
18 Sept 2026
Source date
17 Sept 2026
Manipur HC Grants Bail Holding Prolonged Incarceration Satisfies Section 37 NDPS Twin Test
Why it matters
The High Court of Manipur has granted bail to an accused person, ruling that prolonged pre-trial incarceration satisfies the twin test under Section 37 of the Narcotic Drugs and Psychotropic Substances Act, 1985. The Court noted that the case substantially rested on the rebuttable statutory presumption under Section 35, while affirming that the Section 37 twin test remains mandatory in cases involving commercial quantities.
Key points
- The High Court of Manipur granted bail to the petitioner-accused.
- The Court observed that the case against the accused substantially relied upon the statutory presumption under Section 35 of the NDPS Act, which is rebuttable.
- The Court affirmed that the twin test under Section 37 of the NDPS Act remains mandatory in cases involving commercial quantity.
- Prolonged pre-trial incarceration was determined to satisfy the requirements of the Section 37 twin test.
What changed
The High Court granted bail by treating prolonged pre-trial incarceration as meeting the twin conditions of Section 37 of the NDPS Act.
Who it affects
Accused persons undergoing prolonged pre-trial incarceration under the NDPS Act, prosecuting agencies, and criminal law practitioners.
Jurisdiction
Manipur
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