Regular bail in ndps case
The meaning of narcotics drugs is addictive drugs that reduce the user’s perception of pain and induce euphoria (a feeling of exaggerated and unrealistic well-being). The English word narcotic is derived from the Greek narkotikos, which means “numbing” or “deadening.”
Narcotics are central nervous system depressants that produce a stuporous state in the person who takes them. These drugs often induce a state of euphoria or feeling of extreme well-being, and they are powerfully addictive. The body quickly builds a tolerance to narcotics in as little as two to three days, so that greater doses are required to achieve the same effect. Because of the addictive qualities of these drugs, most countries in the twenty-first century have strict laws regarding the production and distribution of narcotics.
Opium, which was the first of the opioids to be widely used, had been a common folk remedy for centuries that often led to addiction for the user; in fact, many popular Victorian patent medicines for “female complaints” actually contained opium. The invention of the hypodermic needle in the mid-nineteenth century, however, increased the number of addicts because it allowed opioids to be delivered directly into the bloodstream, thereby dramatically increasing their effect.
NDPS ACT –
Introduction of the NDPS Act (Narcotic Drugs and Psychotropic Substances Act,) 1985 and came into force on 14 November 1985. Under the NDPS Act, it is illegal for a person to produce/manufacture/cultivate, possess, sell, purchase, transport, store, and/or consume any narcotic drug or psychotropic substance. The Act has been amended twice – in 1988 and 2001. The Act extends to the whole of India and it applies also to all Indian citizens outside India and to all persons on ships and aircraft registered in India.
Provision of Regular Bail in NDPS ACT-
Section 37 NDPS ACT :
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 a term of imprisonment of five years or more under this Act 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 limitation 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.”clause (b) of sub- section (1) of Section 37 imposes limitations on granting of bail in addition to those provided under the Code. The two limitations are
(1) an opportunity to the public prosecutor to oppose the bail application and
(2) satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of such offence and that he is not likely to commit any offence while on bail.
The limitations on granting of bail come in only when the question of granting bail arises on merits.
QUANTITY OF CONTRABND (NARCOTICS DRUGS) HAVE VERY
ESSENTIAL ROLE IN NDPS CASE AND ALLOWING AND DIS-ALLOWAING
THE BAIL BY THE COURT.
Small and Commercial quantity –
One of the major factors of the bail in NDPS case is quantity of the drugs which was recovered from the accused person. In the NDPS Act, govt. made some measurement schedule as per the drugs and chemicals. As per the measurements these are divided in two categories. 1. Small quantity and 2. Commercial quantity. Small quantity and`commercial quantity was defined under Section 2(xxiiia) and Section 2(viia) respectively.
Small quantity –
Section 2 (xxiiia) “Small quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity lesser than the quantity specified by the Central Government by notification in the Official Gazette.]
When the police recovered some contraband (narcotics drugs) from the someone, first step of the police is measure the contraband with the measurement instrument and took the sample from contraband check type of contraband with the help of kit which police carry with them. From the help of kit, police immediately disclose the name and quality of contraband (narcotics drugs). When the quantity of the contraband fall under the definition of section 2(xxiiia) is called small quantity and in small quantity court grant the bail easily.
Section 2 [(viia) “Commercial quantity”, in relation to narcotic drugs and psychotropic substances, means any quantity greater than the quantity specified by the Central Government by notification in the Official Gazette;
In commercial quantity case court didn’t allow the bail in most of case, mostly in which cases contraband recovered from the person at the time of personal search.
When the quantity of the contraband is greater than small quantity and lesser than commercial quantity, then contraband fall under the non-commercial quantity.
In non-commercial quantity case court consider about the custody of the accused, length of the trail and past record of the accused. When the court found that accused person has no criminal back ground and specially no previous NDPS case, then grant the bail to the accused person.
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