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lissing perme (unemployed)     03 October 2014

Ndps case

Dear MEMBERS


Is offence under Section 18 (a) of NDPS Act bailable or is it non-bailable?
Do magistrate has power to grant bail to accused in offence under Section 18 (a) of NDPS Act?
Please give any cited case in this regard. 



Learning

 3 Replies

Ashok, Advocate (Lawyer at Delhi)     04 October 2014

Heading of Section 37 of the NDPS Act says that the offences under the Act shall be cognizable and non-bailable, though the language of sub-section (1)(a) merely says cognizable.

 

Since offence under Section 18(a) of NDPS Act is comparatively a minor offence (punishable only with imprisonment up to six months), and since the stringent conditions for bail prescribed under Section 37(1)(b) are not applicable to such an offence, normally it should generally be possible to get bail for such an offence.

 

 

Power to grant bail in a case under NDPS Act is with the Special Court set up under the Act. A Magistrate has no such power in these cases.

lissing perme (unemployed)     04 October 2014

@Ashok, Advocate

 Sir could you suggest some citation.

Kappil Cchandna (Expert Bail & Criminal Defence Lawyer at Delhi Supreme Court of India)     06 October 2014

Dear,

 

Please call and discuss the matter.

 

Advocate Kapil Chandna

9899011450


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