Regular bail in ndps case
The meaning of narcotics drugs is addictive drugs that reduce the users 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.
Types of Bail
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.
What is 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.
Thus, this act is to consolidate and amend the law relating to narcotic drugs and psychotropic substances, to apply stringent provisions for the control and regulation of operations, and to implement the provisions of the International conventions on Narcotic Drugs and Psychotropic Substances and for matters connected therewith.
Major Offenses under NDPS Act
- Section 15. Violation in relation to poppy straw:
Whoever breaches possession , transportation, imports inter-State, exports inter-State, sells, purchases, uses or omits to warehouse poppy straw or removes or does any act in respect of warehoused poppy straw, shall be punishable.
- Section 16. Violation in relation to coca plant and coca leaves:
Whoever violates the cultivation of any coca plant or gathers any portion of a coca plant or produces, possesses, sells, purchases, transports, imports inter- State, exports inter-State or uses coca leaves, shall be punishable.
- Section 17. Violation in relation to opium:
Whoever violates the cultivation of opium or produces, possesses, sells, purchases, transports, imports inter- State, exports inter-State or uses coca leaves, shall be punishable.
- Section 18. Violation in relation to opium poppy and opium:
Whoever violates the cultivation of opium or opium poppy or produces, possesses, sells, purchases, transports, imports inter- State, exports inter-State or uses coca leaves, shall be punishable.
- Section 19. Punishment for theft of opium by a cultivator:
A licensef cultivator who illegaly disposes opium shall be punishable with rigorous imprisonment for a term.
- Section 20. Violation in relation to cannabis plant and cannabis:
Whoever cultivates produce, manufacture possesses, sell, purchase, transport, import and export inter State cannabis plant or cannabis is punishable.
- Section 21. Violation in relation to manufactured drugs and preparations:
Whoever cultivates produce, manufacture possesses, sell, purchase, transport, import and export inter State manufactured drugs and preparations is punishable.
- Section 22. Violation in relation to manufactured drugs and preparations:
Whoever cultivates produce, manufacture possesses, sell, purchase, transport, import and export inter State manufactured psychotropic substances is punishable.
- Section 23. Violation in importing drugs:
Punishment for illegal import into India, export from India or transshipment of narcotic drugs and psychotropic substances.
- Section 24. Punishment for external dealings:
Under Section 12, no person shall engage in or control any trade whereby a narcotic drug or psychotropic substance is obtained outside India
- Section 25. Punishment for allowing premises:
Owner or occupier or having the control or use of any house, room, enclosure, space, place, animal or conveyance, knowingly permits drugs or any illegal substance is punishable.
Provision of Regular Bail in NDPS Act-
Bail in NDPS Act – Section 37 stats that any person who is accused of an offence under section 24 or section 27A having commercial quantity of the substance shall be released on bond or bail.
Offenses to be cognizable and non-bailable – (1) notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974), –
(a) every offense punishable under this Act shall be cognizable;i.e. police can arrest the person who commit any of the offence without warrant.
(b) no person accused of an offense 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 offense and that he is not likely to commit any offense while on bail.
(2) The limitation on granting of bail specified in clause (b) of sub-section (1) is 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 subsection (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) the satisfaction of the Court that there are reasonable grounds for believing that the accused is not guilty of such offense and that he is not likely to commit any offense while on bail.
The limitations on granting of bail come in only when the question of granting bail arises on merits.
Quantity of Contraband (Narcotics Drugs)-
Small and Commercial quantity –
One of the major factors of the bail in NDPS case is the 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 into 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, the first step of the policy measures 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 the kit, the 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 the case, mostly in which cases contraband recovered from the person at the time of the personal search.
When the quantity of the contraband is greater than small quantity and lesser than the commercial quantity, then contraband falls under the non-commercial quantity.
In non-commercial quantity, case court considers the custody of the accused, length of the trail and past record of the accused. When the court found that the accused person has no criminal background and especially no previous NDPS case, then grant the bail to the accused person.
Summarizing Quantity of Contraband
|Drug||Small quantity||Commercial quantity|
|Amphetamine||2 grams (0.071 oz)||50 grams (1.8 oz)|
|Charas||100 grams (3.5 oz)||1 kilogram (2.2 lb)|
|Cocaine||2 grams (0.071 oz)||100 grams (3.5 oz)|
|Ganja||1 kilogram (2.2 lb)||20 kilograms (44 lb)|
|Heroin||5 grams (0.18 oz)||250 grams (8.8 oz)|
|Opium||25 grams (0.88 oz)||2.5 kilograms (5.5 lb)|
|Morphine||5 grams (0.18 oz)||250 grams (8.8 oz)|
|Methadone||2 grams (0.071 oz)||50 grams (1.8 oz)|
|LSD||2 milligrams (0.031 gr)||100 milligrams (1.5 gr)|
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