Section 37:
Offences to be cognizable and non-bailable.
1[37. Offences to be cognizable and non-bailable. -- (1) Notwithstanding anything contained in the
Code of Criminal Procedure, 1973 (2 of 1974),--
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for 1[offences under section 19 or section 24 or
section 27A and also for offences involving commercial quantity] shall be released on bail or on his
own bond unless--
(i) the Public Prosecutor has been given an opportunity to oppose the application for such
release, and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are
reasonable grounds for believing that he is not guilty of such offence and that he is not likely to
commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the
limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in
force on granting of bail.].
Notes:
1. Subs. by Act 2 of 1989, s. 12, for section 37 (w.e.f. 29-5-1989).
2. Subs. by Act 9 of 2001, s. 17, for "a term of imprisonment of five years or more under this Act" (w.e.f. 2-10-2001).