How to Get Bail Under NDPS Act

How to Get Bail Under NDPS Act

How to Get Bail Under NDPS Act

Introduction:

Hello friends! In today’s blog, we will be discussing the process of obtaining bail under the NDPS Act (Narcotic Drugs and Psychotropic Substances Act). This is a very technical area of law, and often, bail can be granted based on identifying legal loopholes and technicalities in the case.

What is the NDPS Act?

The NDPS Act aims to control and regulate the illegal use, trade, and trafficking of narcotic drugs and psychotropic substances. When a person is arrested under this Act, the process of securing bail can be complex. However, if there are procedural errors or compliance issues, bail may be granted to the accused.

Section 42 and Section 43 of the NDPS Act:

Under Sections 42 and 43 of the NDPS Act, law enforcement agencies are required to follow specific procedures for search and arrest. If these sections are not properly complied with, it can serve as a technical ground to argue for bail.

Case Example:

One case that exemplifies this is 'State of Haryana vs Buta Singh,' where the Supreme Court ruled that due to improper compliance with Sections 42 and 43, the accused was granted bail. The court found several flaws in the procedural aspects such as the failure to maintain proper records, absence of search warrants, and lack of approval from higher authorities.

What Should Be Considered for Bail?

  • Search Warrant: It is essential that the police obtain a proper search warrant when conducting a search in a private vehicle.
  • Informer’s Information: The information from the informer must be recorded in writing.
  • Permission from Senior Officers: Permission from senior officers is necessary for conducting arrests and searches.
  • Technical Grounds: If any of these processes are not followed correctly, they can serve as a strong technical argument for obtaining bail.

Watch the Full Video:

In the video below, I explain in detail the important aspects of getting bail under the NDPS Act:

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Disclaimer:

The information provided in this blog and video is for general guidance purposes only. It is always advisable to seek professional legal advice tailored to your specific case before taking any legal action.

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