Is NDPS Act cognizable offence?
Section 37 of NDPS Act Offences under this Act are cognizable, i.e., an offence for which the police can arrest without any warrant. The provisions regarding bail in this particular Section are in addition to the provisions laid down under the Code of Criminal Procedure (CrPC),1973.
Can magistrate grant bail in NDPS cases?
A magistrate’s court has no jurisdiction to entertain a bail application for an offence with prescribed punishment of more than three years under the Narcotic Drugs and Psychotropic Substances (NDPS) Act as it is triable by a special court, as per the order by which the bail plea of Aryan Khan and two others, held in …
Is CrPC applicable to NDPS Act?
AP High Court. VIJAYAWADA: The Andhra Pradesh High Court has said that Section 41 (a) of CrPC is applicable to crimes registered under Narcotic Drugs and Psychotropic Substances Act in addition to IPC. A single-judge bench, headed by Justice C.
Are all Ndps Offences non-bailable?
Sushant Singh Rajput case drug link: All offences under NDPS Act are non-bailable, says Bombay HC. The judge relied on a 1999 judgment of the Constitution bench of Supreme Court, holding that all offences under the NDPS Act were cognisable and non-bailable.
How long do you go to jail for drug possession in India?
More than small quantity but less than commercial quantity involves rigorous imprisonment up to 10 years and fine up to Rs. 1 lakh. Those activities involving commercial quantity of drugs attract rigorous imprisonment of 10 to 20 years and fine of Rs. 1 lakh to 2 lakh.
Is small quantity Ndps bailable?
Now, the offence of possession of a small quantity (upto 100 gms) of charas, under Section 21 of the NDPS Act, if proved, can lead to a sentence up to six months, and fine. By virtue of Section 37(1) of the NDPS Act, it is cognizable. However, this class of offence is clearly bailable.
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