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Fabian (...)     13 October 2011

Criminal case under section 29 ndps act and governemnt job .

Hi ,

I am accused by the state of Himachal Pradesh under Section 29(Read with section 20 ) NDPS Act for criminal conspiracy and abetment .(small quantity)
im gonna provide some facts :

My friend and I went to Kullu valley for a vacation ,my friend who is a habitual marijuana smoker bought some marijuana (50gms) for himself .
There he was caught with the drug and cudnt bribe the cops .The substance was found on him and i was merely present on the spot .I was also implicated in the case for having prior knowledge of the substance found on him ,we were presented before the judge who gave us immediate bail .

We have taken the charge of the case and pleaded innocent ,now our first trial is next month ..

Now i have three questions :

1) I have brilliant academic record and im a civil services aspirant ,,i m going to appear in an interview for Govt services next month ,,and the interview form requires me to furnish details of any case pending or convicted ,will there be any problem in joining the services if the case is still pending ??

2) My friend who is accused under section 20 for possession of cannabis is sent to australia by his company and is in no hurry to get the case over with ,,,So can i get a separate trial date ,,since he wants the next trial to be in april ..

3) Can the judge exonerate me of the crime under section 227 of crpc in the very first trial .

i have little legal assistant .The lawyer thr at kullu court are totally incompetent and are just trying to make money ,, they have little sympathy for me ,,sorry for such a long post but im really in despair ,,



 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     14 October 2011

Dear Fabian'

1. When you furnished information then informed them about pending case, if after that they offer the job then dont worry about it.

2. yes, the court can start trail against you seprately.

3. according to section 227 Crpc the court have power to discharge the accused at first hearing.

1 Like

Fabian (...)     14 October 2011

Thanks nadeem sir,,

Harry James   04 August 2026

For anyone in a similar spot dealing with an NDPS case and worried about how it'll affect a job or career (government or otherwise): a couple of things worth knowing. Whether it shows as "pending" vs. "convicted" matters a lot for disclosure purposes, so be upfront and factual rather than trying to downplay it. More importantly, get a good drug lawyer involved as early as possible — ideally one specifically experienced in NDPS matters rather than a general criminal lawyer, since NDPS has its own procedural quirks (Section 52A compliance being one that's gotten cases thrown out on technicalities before). Getting that groundwork done well ahead of trial makes a real difference in how these cases play out.

Combo Legal Consultancy   23 August 2026

A pending NDPS case does not automatically disqualify you from every government job, but you must disclose it truthfully wherever the application/attestation form asks about pending criminal proceedings. Suppression can itself become a serious ground for cancellation of candidature or service. The appointing authority may consider the applicable recruitment/service rules, nature of allegations and status of proceedings.

Regarding separate proceedings, you may request the trial court to separate your trial where legally permissible, particularly if the co-accused's absence is causing prolonged delay. Whether separation is appropriate depends upon the circumstances and the court's assessment.

For discharge, since the alleged offence is under Sections 20/29 NDPS Act, the court can discharge an accused at the appropriate pre-charge stage if the prosecution material does not disclose sufficient grounds to proceed. Mere presence or knowledge, without material indicating agreement, abetment or participation in the alleged offence, may be significant in contesting Section 29 liability.

Because an NDPS prosecution can substantially affect employment, have the FIR, charge-sheet and evidence specifically reviewed before the charge hearing.


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