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NDPS Act Bail: LawCrust Guide to Drug Case Bail in India

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:

  1. The prosecutor must have an opportunity to oppose the bail application.
  2. 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.

About LawCrust Legal Consulting Services:

LawCrust Legal Consulting Services is a premium legal consulting service in India, specializing in NDPS matters, EOW, ED matters, and financial frauds. With a team of experienced professionals, LawCrust is committed to safeguarding your rights and interests. Visit LawCrust Legal Consulting Services for more information.

Legal Partner for Your NDPS Matter:

LawCrust Legal Consulting Services is a trusted name in the legal domain, offering premium legal services across India and Premium NRI Legal Services. With expertise in Corporate Matters, Special cases like NCLT or Bankruptcy, NDPS, EOW, ED Matters; LawCrust provides personalised solutions to clients based in Mumbai, India, and the UAE.

Looking for an NDPS lawyer in India? LawCrust Legal Consulting Services, with 20 years of experience handling multiple drug cases, is your best option. Contact us at +91 8097842911 or email us at bo@lawcrust.com LawCrust specialises in Litigation Finance and legal protection.

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