Narcotic Cases

We are a team working very seriously into TRIAL and we have been appreciated several occassion by Senior Members of BAR for fruitful result after conducting marathon Cross Examination in NDPS Cases. We have been successful into reversing judgments in SLPs/appeal Cr. before Hon'ble supreme Court of India and Delhi High Court.  

Hon’ble Supreme Court in Harjit Singh vs. State of Punjab (2011) 4 SCC 441 and the following view was taken:- “It is a settled legal proposition that a penal provision providing for enhancing the sentence does not operate retrospectively. 

Please see below:

Section 37 in The Narcotic Drugs and Psychotropic Substances Act, 1985

 

[37. Offences to be cognizable and non-bailable.—
(1) Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974)—
(a) every offence punishable under this Act shall be cognizable;
(b) no person accused of an offence punishable for 2[offences under section 19 or section 24 or section 27A and also for offences involving commercial quantity] shall be released on bail or on his own bond unless—
(i) the Public Prosecutor has been given an opportunity to oppose the application for such release, and
(ii) where the Public Prosecutor opposes the application, the court is satisfied that there are reasonable grounds for believing that he is not guilty of such offence and that he is not likely to commit any offence while on bail.
(2) The limitations on granting of bail specified in clause (b) of sub-section (1) are in addition to the limitations under the Code of Criminal Procedure, 1973 (2 of 1974) or any other law for the time being in force, on granting of bail.]
  
 
One Recent judgment of MP High Court illustrating the circumstances  for bail.
            Harisingh vs The State Of Madhya Pradesh Thr on 12 January, 2018
THE HIGH COURT OF MADHYA PRADESH


                  M.Cr.C.No.79/2018
             (Hari Singh Vs. State of M.P.)
Gwalior, Dated : 12.01.2018


         Mr. Rajmani Bansal, learned counsel for the applicant.
         Mr. Devenra Chobey, learned PP for the respondent/State.

Case diary is available.

This is first bail application filed under Section 439 of Cr.P.C. for grant of bail. The applicant has been arrested on 19.11.2017 in connection with Crime No.338/2017 registered by Police Station Basoda Dehat, District Vidisha for offences punishable under Section 8/21 of NDPS Act.

It is submitted by the counsel for the applicant that according to the prosecution case, the applicant was found in possession of 5.4 grams of brown sugar. As per the entry No.56 of "notifications specifying small quantity and commercial quantity" issued under Section 2 of NDPS Act, 1985, the small quantity of heroine is 5 grams. It is further submitted that the applicant is in jail from 19.11.2017 and has no criminal past. The trial is likely to take sufficiently long time and there is no possibility of his absconding or tampering with the prosecution case.

Per contra, application is opposed by the counsel for the State.

Considering the period of pretrial detention and without commenting on the merits of the case, the application is allowed. It is directed that the applicant be released on bail on furnishing a personal bond in the sum of Rs.2,00,000/- (Rs. Two Lacs Only) with one surety in the like amount to the satisfaction of the Trial Court/Committal Court to appear before THE HIGH COURT OF MADHYA PRADESH the Court on the dates given by the concerned Court.

It is further directed that the applicant shall appear before SHO, Police Station Basoda Dehat, District Vidisha on 1 st of every month during the pendency of the trial.

Needless to emphasize that in case of bail jump or non appearance of the applicant before the SHO concern, this order shall loose its effect.

Certified copy as per rules.

(G.S. Ahluwalia) Judge bj/-

 

BARKHA JHA 2018.01.16 12:20:51 -08'00'