Cases under the Narcotic Drugs and Psychotropic Substances Act, 1985 (NDPS Act) carry serious penalties, and the punishment depends heavily on the quantity of the substance involved. The Act also imposes procedural safeguards on search, seizure and sampling.
We advise and represent persons accused in NDPS cases, including on bail and at trial before the Special Court.
What this covers
- Bail applications in NDPS cases
- Scrutiny of search, seizure and sampling procedure
- Trial defence before the NDPS Special Court
- Appeals and High Court petitions
How the process generally works
- Examine the record
We study the seizure memo, panchnama, sampling and the chemical analysis report.
- Quantity and classification
Whether the quantity is small, intermediate or commercial affects both punishment and bail.
- Bail
Where commercial quantity is alleged, section 37 imposes stricter conditions for bail.
- Trial
We test whether mandatory procedures were followed and whether the prosecution evidence is reliable.
Relevant law
- Narcotic Drugs and Psychotropic Substances Act, 1985
- Section 37: restrictions on bail
- Section 50: conditions for personal search
- Section 52A: disposal and sampling of seized substances
Common questions
Is bail possible in an NDPS case?
Yes, but for commercial quantities the court must be satisfied that there are reasonable grounds to believe the accused is not guilty and is not likely to commit an offence while on bail.