BAIL under NDPS
LAWYER ASSOCIATES
(Querist) 16 February 2018
This query is : Open
A person caught with 39000 tablets of lomotil, He is rejected regular bail once, now what's the next step for bail and What are the Chances of getting bail.
Is bail a right of accussed, or discretionary power of Judge. Pls suggest
Ms.Usha Kapoor
(Expert) 17 February 2018
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From this, three things are clear: (i) Bail is a fundamental right (ii) The norm is bail not jail (iii) Good reasons, with full explanation in writing must exist for denying bail. Building on this, in 1980, Parliament added to Section 437 of the CrPC that even in highest punishment cases, special consideration has to be given to juveniles under 16 years, women, the sick and infirm. All this - although good law - has been lost by judicial amnesia
Ms.Usha Kapoor
(Expert) 17 February 2018
Refuse to give Bail- against the Fundamental Right
Article 21 of the Constitution provides us the right to life and liberty. Such right guarantees everyone in the territory of India, life with all the freedom to enjoy one’s life and liberty. But, the refusal of the right to bail or demanding the amount that a person is unable to pay is said to be an infringement of article 21 of the Constitution.
As Late Justice Krishna Iyer I puts it with the full authority of the Supreme Court: “Personal liberty is deprived when bail is refused, is too precious a value of our constitutional system, that the crucial power to negate it is a great trust exercisable not casually but judicially with lively concern for the cost to the individual and the community”. The constitutional emphasis was made clear in Balchand (1977): “The basic rule may perhaps be tersely put as bail, not jail”.
Ms.Usha Kapoor
(Expert) 17 February 2018
Since you've violated NDPS or Narcotic Drugs and Psychotropic substances Act you have Been arrested and later put in jail. Trafficking in Psychotropic Substances and narcotics is a serious crime and if proved you would be jailed for 30 years and in rare cases you will even be awarded death penalty. Yet you are entitled to conditional bail that you would not abscond or destroy evidence intimidate witnesses etc.
SHIRISH PAWAR, 7738990900
(Expert) 17 February 2018
Bail in NDPS case to a person caught with 39000 tablets is not possible even in High Court.
Dr J C Vashista
(Expert) 17 February 2018
I do not endorse the opinion and advise of impersonating expert.
Generally bail is not declined in bailable offence(s) or where investigation has been complete and there is no chance of influencing the evidence.
Bail is discretion of the judge, however, it (discretion) must be used judiciously, is the law. "Bail not Jail" is a maxim in criminal jurisprudence, which is freely available in law books.
Dr J C Vashista
(Expert) 17 February 2018
The impersonating expert must have been acquainted with historical judgement of 7 judges of the Supreme Court in the case titled, "Menka Gandhi Vs. Union of India" qua Article 14, 16 and 21 of the Constitution of India discussing personal liberty. Kindly go through again.
Dr J C Vashista
(Expert) 17 February 2018
Is there any question/ query of "anonymous" author namely lawyer association qua bail for child, woman or infirm person which has been lectured by the so-called expert?
Guest
(Expert) 18 February 2018
Great perception of Ms. Usha Kapoor!
With the interpretation of Ms. Usha kapoor about the life and liberty, particularly of accused, and the bail their fundamental right, all the criminals in jails need be freed and the IPC need be scrapped in totality.
LAWYER ASSOCIATES
(Querist) 20 February 2018
Really appreciate the discussion but require morr light on this issue for winning case
