Bail in NDPS Cases in India & Procedure
The Narcotic Drugs and Psychotropic Substances Act (NDPS Act) is a crucial legislation aimed at curbing drug-related offences. It regulates the production, cultivation, sale, purchase, transport, storage, and consumption of narcotic drugs and psychotropic substances. This comprehensive law seeks to strike a balance between controlling drug trafficking and safeguarding individual rights.
Decoding Bail under the NDPS Act
Bail involves releasing an accused individual from custody pending trial. Obtaining bail in NDPS cases is no walk in the park. Here’s what you need to know:
1. Relevant Provision of the NDPS Act
Under Section 37 (1) (b) (ii) of the NDPS Act, limitations on granting bail for offenses punishable under Sections 19, 24, or 27A, and offenses involving a commercial quantity are as follows:
- The prosecutor must have an opportunity to oppose the bail application.
- There must exist “reasonable grounds to believe” that:
- The person is not guilty of the offense charged.
- The person is not likely to commit any offense while on bail.
2. Relationship with Section 437 of CrPC
The NDPS Act aligns with Section 437 of the Code of Criminal Procedure (CrPC). The NDPS Act prescribes stringent parameters for bail due to the seriousness of offenses punishable under it.
3. Bail Granted in NDPS cases
The court’s test for Reasonable Grounds as per the NDPS Act is whether there are reasonable grounds to believe that the accused:
- Has not committed the offense.
- Is unlikely to commit any offense while on bail.
4. Landmark Judgments on NDPS Act
Several significant judgments have shaped the approach to bail in NDPS cases. Let’s explore a couple of them:
a. Quashing of Case / Acquittal in NDPS Case
The Punjab and Haryana High Court set aside the conviction and acquitted the appellants when the prosecution failed to establish a link between them and the contraband. The court emphasised the importance of having substantial probable causes to believe that the accused did not commit the charged offence.
b. Negative Burden on Accused Leads to Acquittal
The Andhra Pradesh High Court acquitted a man in an NDPS case involving cultivation of ganja plants. The court highlighted the absence of evidence showing the appellant’s physical involvement in cultivating ganja. The negative burden approach taken by the trial court was found to be against the law.
5. Confession under the NDPS Act
Confessions play a critical role in NDPS cases. Understanding the nuances of confessions and their admissibility is essential for both the prosecution and the defense.
Conclusion
Navigating bail in NDPS cases requires a thorough understanding of the law, recent judgments, and the specific circumstances of each case. Seek legal advice and trust in the evolving balance between justice and individual rights.
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