- This topic has 36 replies, 17 voices, and was last updated 1 year, 2 months ago by
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BKindly consult with a lawyer immediately. They will let you know if the offence is bailable or otherwise and the period of imprisonment if any.
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SYes sir consulted but they were saying 15days imprisonment max to max I don’t know if they are trying to make money out of this with false promises as I read on google that 10years of imprisonment for ndps case
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BYeah, what is the offence and has the police filed the FIR? If so you can get a copy of it and see what the charges are. The charges are the sole determinants of the punishment, so if you know the exact provision under which the arrest has been made you can find out if it is bailable or not and if you can file an anticipatory bail petition also.
If you can get a second opinion from another lawyer if your gut doesn’t trust the one you consulted.
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SNo they have not intimate his family till now regarding FIR but I enquired by the circle inspector he said they have moved to police station and they will soon make an FIR and notify family
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BOoh then they are yet to file the charges. Keep in touch with the police officer and collect the FIR once it is filed without fail. I am unsure of how the lawyer you consulted could determine the punishment period without the charges being filed yet. Just check that once and get a second opinion from another lawyer if you can. Hopefully he gets bail.
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SWhat could be the maximum months of penalties? I read these are not bailable easily. But one advocate is saying we can get bail from HC in 1 week if district court dismiss the bail in 1 week. Are they trying to extort money from us or is it legit? Im clueless and his family are very much worried.
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MA peddler from my village has been caught twice with LSD, cocaine, and tabs and always gets bail after 2-3months. I think the mob takes care of them as they are operating along w the police/govt idk. But every-time he gets out he’ll soon start selling again so I’m confused if NCB actually work or is just another front for keeping the public silent while everyone(babus and mob) gets their cut from the drug money.
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POp’s case is of Commercial quantity whereas this peddlers case is of lesser quantity where bail can be given by district and sessions court
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MNah bro that was also in commercial quantity, last time he got caught it was all over the news(I’ll search for the video for reference).
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TIf it’s commercial quantity of the alleged drug and recovery has happened from him, I’m afraid it’ll take a while. S.37 NDPS rigors will apply. For lesser quantities, odds are better.
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SThe only reply OP needs to read.
Section 37 bar is there against grant of bail in such cases, so bail might take some time, depending on his role and the facts of the case.Op has mentioned in a few comments that punishment is 10 years +, but that’s what punishment / sentence can be given after trial, doesn’t mean he must remain in jail for that long prior to conviction in trial.
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BLawyer here, based in Delhi.
Since your friend has been arrested for alleged trade of a narcotic substance in commercial quantity, the case falls under the NDPS Act, and bail is not straightforward. For commercial quantity, bail is only granted if the court is satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit any offence while on bail. This is a strict standard, and the burden is on the defence.
You will need to engage a criminal lawyer with experience in NDPS matters. The remand order, arrest memo and seizure documents will be crucial. Bail must be sought before the Special Court that handles NDPS cases. Depending on the stage of investigation, the court may require strong material to even consider the application.
If convicted, the punishment for possession or trade of commercial quantity starts at ten years and can go up to twenty, with a fine. But sentencing only arises after trial. At this stage, the priority should be to ensure the arrest and search procedures were lawful and to apply for bail as early as the facts allow.
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PCommercial weight then district court is not competent to give bail, only high court and that too atleast 6 months if he is filthy rich.
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S2kgs found at laboratory, he was just a trader with small margin who use to buy from the lab chemist and sell to a person who then distribute to toddy sellers for adulteration
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BDon’t get exaggerated by all these comments, Ndps cases are very delicate and no one touches it usually.
Note this down.
1. Bail application in session court will be rejected no matter of what grounds you present in district courts.
2. Even bail gets rejects in session court but you have to file it so u can represent in HC that bail in lower court has been rejected.
3. Your friend will be in 15 to 45 days in judicial custody vary if process of bail is fast.
4. If your friend is student then that would be absolute and best ground and no criminal background will surely get him regular bail from High court.
5. He doesn’t need to be filthy rich or anything. The expenses will go around 2 to 4 lakhs. -
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