Bail in NDPS (Narcotic Drugs and Psychotropic Substances) cases can be a complex process as these cases involve serious drug-related offences. The grant of bail in such cases is at the discretion of the court and depends on various factors such as the nature and quantity of drugs involved, the role of the accused in the alleged offence, past criminal record, etc. Some of the Frequently Asked Questions related to Bail in NDPS Act for better understanding of the subject.
What are Narcotic and Psychotropic Drugs?
Ans: Narcotic drugs mean sleep-inducing drugs, which are natural or made from natural substances. Like charas, ganja, opium, heroin, cocaine, morphine etc.
Psychotropic means that drugs affecting the brain, which are chemical based or which are prepared by mixing two or three types of chemicals. Eg- LSD, MMDA, Alprazolam etc.
What is the punishment provided in the NDPS Act?
Ans: Under NDPS Act, Punishment is divided into 3 categories based upon the quantities taken, which are- small quantity, commercial quantity and quantity lesser than commercial quantity but greater than small quantity.
Under Section 21 of NDPS Act, Punishment for contravention in relation to manufactured drugs and preparations is given as follows:
- where the contravention involves small quantity, with rigorous imprisonment for a term which may extend to one year, or with fine which may extend to ten thousand rupees, or with both.
- where the contravention involves quantity, lesser than commercial quantity but greater than small quantity, with rigorous imprisonment for a term which may extend to ten years, and with fine which may extend to one lakh rupees.
- where the contravention involves commercial quantity, with rigorous imprisonment for a term which shall not be less than ten years but which may extend to twenty years, and shall also be liable to fine which shall not be less than one lakh rupees but which may extend to two lakh rupees.
Whether magistrate Court can grant bail to accused of NDPS case involving small quantity?
Ans: Yes.Offences punishable upto imprisonment of three years are triable by magistrate.
Whether the NDPS case involving small quantity can be considered bailable or non-bailable?
Ans. NON-Bailable.
Rhea Chakraborty Vs. Union of India and Anr. 2020, BHC (Held that such offences are non-bailable in view of the heading of Section 37 of the NDPS Act)
What is the period for default bail in NDPS offences involving commercial quantity?
Ans: 180 days
What are the parameters for deciding bail applications in NDPS cases involving commercial quantity?
Ans: In case of commercial quantity, bail application should be decided subject to the limitations provided in Section 37 of the Act.
What does the expression “reasonable grounds” means?
Ans: The expression reasonable grounds means something more than prima facie grounds. The reasonable belief contemplated in the provision requires existence of such facts and circumstances as are sufficient in themselves to justify satisfaction that the accused is not guilty of the alleged offence.